REPORT 


Commissioner  for  Revision  and 
Reform  of  the  Law 


GENERAL  LAWS  CODIFIED,  GENERAL  LAWS  REPEALED, 

CODE  SECTIONS  AMENDED  AND  NEW 

SECTIONS  ADDED 


J.  W.  WILEY,  Commissioner 


J909 


SACRAMENTO: 

"w.  w.  SHANNON,     :     :     :     :     superintendent  state  printing. 

1909. 


GiFr 


/(hAX 


December,  5,  1908. 

The  following  acts  of  the  legislature,  commonly  called  "General 
Laws,"  have  been  recommended  for  repeal  or  codification  as  stated  in 
the  notes  thereto. 

In  codifying  the  general  laws,  it  has  not  been  the  purpose  of  the 
Commissioner  to  make  any  substantial  changes  therein,  except  where 
necessary  to  harmonize  with  other  portions  of  the  law,  or  to  render  the 
same  more  efficient,  but  to  bring  them  under  the  proper  lieadings  in 
the  respective  codes. 


32371 


( 


I 


GENERAL  LAWS  CODIFIED  AND  NEW  SECTIONS  ADDED. 


The  act  of  March  31,  1891  (Statutes  1891,  page  237),  authorizing  the 
controller  and  treasurer  to  transfer  to  the  general  fund  all  moneys  to 
the  state  drainage  construction  fund,  is  codified  as  section  691  of  the 
Political  Code. 

The  new  section  reads  as  follows : 

Sec.  691.  The  controller  is  hereby  authorized  to  transfer  to  the  gen- 
eral fund  all  moneys  standing  to  the  credit  of  the  state  drainage  con- 
struction fund,  and  also,  from  time  to  time,  to  transfer  to  the  general 
fund  all  moneys  that  may  hereafter  be  paid  into  the  state  drainage 
construction  fund.  The  controller  immediately  after  making  such 
transfers  shall  notify  the  treasurer  of  the  same,  and  the  treasurer 
shall  thereupon  make  corresponding  transfers  upon  the  books  of  his 
office. 

The  act  of  March  2,  1899  (Statutes  1899,  page  46),  relating  to  the 
desecration  of  the  American  flag,  is  codified  as  section  648?>  (new)  of 
the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  648&.  Any  person  who  shall  desecrate  the  flag  of  the  United 
States,  by  printing  thereon  or  attaching  thereto  any  advertisement  of 
any  nature  whatsoever,  shall  be  deemed  guilty  of  a  misdemeanor. 

The  act  of  February  20,  1872  (Statutes  1872,  page  121),  relating  to 
military  academies,  is  codified  as  sections  2047  and  2048  of  the  Political 
Code. 

The  new  sections  read  as  follows : 

Sec.  2047.  When  any  military  academy  has  been  established  within 
the  state,  having  not  less  than  eighty  boys,  uniformed,  drilled,  and 
instructed  in  strict  accordance  with  the  tactics  of  the  regular  United 
States  army  service,  and  all  its  course  of  education  and  economy  con- 
ducted upon  strict  military  principles,  the  military  instructor  of  such 
academy,  when  regularly  elected  by  the  board  of  trustees  or  other  law- 
ful authority  of  the  academy,  be  commissioned  in  the  national  guard 
of  California,  with  the  rank  of  major. 

Sec.  2048.  Upon  giving  bond,  with  good  security,  to  be  approved  by 
a  judge  of  the  superior  court  of  the  county  where  the  academy  is  situ- 


—  6  — 

ated,  cohcjitioned  for  the  safe-keeping  against  fire,  loss,  and  against  all 
damages,  in  twice  the  value,  that  arms  and  accoutrements,  the  property 
of  the  state,  be  issued  for  the  iLse  of  the  military  academy,  mentioned 
in  section  two  thousand  forty-seven,  and  the  adjutant-general  of  the 
state  is  hereby  authorized  to  issue  such  arms  and  accoutrements  as  may 
be  needed  by  the  said  military  academies,  without  a  monthly  allowance, 
in  the  same  manner  as  arms  and  accoutrements  are  issued  to  regular 
organized  companies  of  the  national  guard  of  California,  upon  requisi- 
tion made  for  this  purpose,  approved  by  the  commander-in-chief. 

The  act  of  March  10,  1891  (Statutes  1891,  page  47),  requiring  munici- 
palities to  grant  annual  vacations  to  members  of  the  police  force  in  the 
respective  municipalities,  is  codified  as  section  721  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  721.  In  every  city  or  city  and  county  of  this  state  Avhere  there 
is  a  regularly  organized  paid  police  force,  the  board  of  supervisors, 
common  council,  commissions,  or  other  body  having  the  management 
and  control  of  the  same,  and  required  once  in  every  year  to  provide 
for  granting  each  member  thereof  a  leave  of  absence  from  active  duty 
for  a  period  of  not  less  than  ten  nor  more  than  fifteen  days.  Leaves 
of  absence  so  granted  must  be  arranged  by  said  board  or  commission 
so  as  not  to  interfere  with  the  police  protection  of  any  such  city  or  city 
and  county,  or  to  impair  in  any  way  the  efficiency  of  the  department; 
and  leaves  of  absence  granted  in  ease  of  sickness  or  in  consequence  of 
wounds  or  injuries  received  while  in  the  discharge  of  duty  shall  not 
be  construed  to  be  or  become  a  part  of  the  leave  of  absence  provided 
for  by  this  act.  No  deduction  must  be  made  from  the  pay  of  any  police 
officer  granted  a  leave  of  absence  under  the  provisions  of  this  section. 

The  act  of  March  23,  1893  (Statutes  1893,  page  183),  relating  to  the 
powers  and  duties  of  parole  commissioners  for  the  parole  of  and  gov- 
ernment of  paroled  prisoners,  is  codified  as  section  1088a  (new)  of  the 
Political  Code. 

The  new  section  reads  as  follows: 

Sec.  1088a.  The  state  board  of  prison  directors  of  this  state  shall 
have  power  to  establish  rules  and  regulations  under  which  any  prisoner 
who  is  now  or  hereafter  may  be  imprisoned  in  any  state  prison,  and 
who  may  have  served  one  calendar  year  of  the  term  for  which  he  was 
convicted,  and  who  has  not  previously  been  convicted  of  a  felony  and 
served  a  term  in  a  penal  institution,  may  be  allowed  to  go  upon  parole 
outside  of  the  buildings  and  inclosures,  but  to  remain  while  on  parole 
in  the  legal  custody  and  under  the  control  of  the  state  board  of  prison 
directors,  and  subject  at  any  time  to  be  taken  back  within  the  inclosures 
of  said  prison;  and  full  power  to  make  and  enforce  such  rules  and 


_  7  — 

regulations  and  retake  and  imprison  any  convict  so  upon  parole  is 
hereby  conferred  upon  said  board  of  directors,  whose  written  order  so 
certified  by  the  president  of  said  board  shall  be  a  sufficient  warrant  for 
all  officers  named  therein  to  authorize  such  officer  to  return  to  actual 
custody  any  conditionally  released  or  paroled  prisoner,  and  it  is  hereby 
made  the  duty  of  all  chiefs  of  police,  marshals  of  cities  and  villages,  and 
sheriffs  of  counties,  and  all  police,  prison  and  peace  officers  and  consta- 
bles to  execute  any  such  order  in  like  manner  as  ordinary  criminal 
process ;  provided,  Jioivever,  that  no  prisoner  imprisoned  under  a  sen- 
tence for  life  shall  be  paroled  until  he  shall  have  served  at  least  seven 
calendar  years.  The  governor  of  the  state  shall  have  like  power  to  cancel 
and  revoke  the  parole,  of  any  prisoner,  and  his  written  authority  shall 
likewise-  be  sufficient  to  authorize  any  of  the  officers  named  therein  to 
retake  and  return  said  prisoner  to  the  state  prison,  and  his  written 
order  canceling  or  revoking  the  parole  shall  have  the  same  force  and 
effect  and  be  executed  in  like  manner  as  the  order  of  the  state  board 
of  prison  directors.  If  any  prisoner  so  paroled  shall  leave  the  state 
without  permission  from  said  board  he  shall  be  held  as  an  escaped 
prisoner  and  arrested  as  such.     (Amendment,  Stats.  1901,  p.  82.) 

The  act  of  March  20,  1905  (see  amendments),  relating  to  contagious 
diseases  of  animals,  was  amended  March  23,  1907  (Stats,  and  Amdts. 
1907,  page  932),  by  substituting  in  lieu  thereof  an  entirely  different 
act  relating  to  the  different  subject-matter. 

It  is  therefore  recommended  that  the  substance  of  the  original  act 
of  March  20,  1905,  be  reenacted  as  sections  3746,  374c,  and  374cZ,  of' 
the  Penal  Code. 

The  new  sections  read  as  follows : 

Sec.  374&.  Any  person  having  the  care,  custody,  or  control  of  any 
animal  that  dies  from  tuberculosis,  glanders,  farcy,  Texas  fever,  or 
other  infectious  disease,  who  does  not  immediately  upon  the  death  of 
such  animal  cremate  or  bury  the  carcass  of  the  same,  or  cause  the  same 
to  be  cremated  or  buried,  shall  be  deemed  guilty  of  a  misdemeanor. 

Sec.  374c.  Any  common  carrier  of  persons  or  freight  that  shall  trans- 
port any  animal  suffering  with,  or  that  has  died  from  the  diseases,  or 
any  of  them  mentioned  in  section  374&  of  this  code  a  greater  distance 
than  is  necessary  to  transport  such  animal  to  the  nearest  crematory, 
shall  be  deemed  guilty. of  a  misdemeanor. 

See.  374d.  Any  person  who  uses  or  sells  the  carcass  or  any  portion 
thereof,  of  an  animal  that  has  died  of  any  contagious  disease  as  food 
for  human  beings  or  any  domestic  animal,  or  fowl,  is  guilty  of  a  mis- 
demeanor. 


The  act  of  April  18,  1880  (Statutes  1880,  page  102),  relating  to  the 
payment  of  the  expenses  of  posse  conimitatus  by  the  respective  boards 
of  supervisors,  is  coclified  as  section  151  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  151.  The  board  of  supervisors  of  any  county  ma.v  allow,  in 
their  discretion,  such  compensation  as  they  may  deem  just,  to  defray 
the  necessary  expenses  that  have  been  incurred  by  a  posse  comitatus 
in  criminal  cases;  provided,  no  claim  shall  be  allowed  for  expenses 
which  have  not  been  incurred  within  one  year  before  such  allowance. 

A  new  section  relating  to  appeals  in  divorce  i:)roceedings  is  added 
to  the  civil  code,  to  be  known  as  section  149. 

The  new  section  reads  as  follows : 

Sec.  14,9.  The  right  of  the  superior  court  to  enforce  its  orders  or 
judgments  for  the  payment  of  money,  or  giving  security  therefor  under 
the  provisions  of  sections  136,  137,  138,  139,  and  140,  shall  not  be  stayed 
or  suspended  by  appeal  unless  an  undertaking  is  given  as  provided  in 
section  942  of  the  Code  of  Civil  Procedure. 

The  various  cemetery  acts  contained  in  the  general  laws  have  been 
combined  with  title  XIII  of  the  Civil  Code  relating  to  cemetery  cor- 
porations, by  amendment,  repeal,  and  new  sections  added,  and  all  of 
the  general  laws  relating  to  the  management  and  conduct  of  cemetery 
corporations  repealed. 

The  sections  of  the  Civil  Code  relating  to  cemetery  corporations  would 
then  read  as  follows : 

Sec.  608.  Corporations,  for  the  purpose  of  procuring,  holding,  and 
managing  lands  to  be  exclusively  for  a  cemetery  or  place  for  the  burial 
or  cremation  of  the  dead,  may  be  formed  by  seven  or  more  persons 
who  must  execute  and  file  articles  of  incorporation  as  provided  in 
chapter  I.  title  I,  part  IV  of  this  code.  Upon  receiving  from  the 
secretary  of  state  a  certificate  of  the  filing  with  him  of  a  certified 
copy  of  its  articles  of  incorporation,  such  "corporation  becomes  a  body 
corporate,  and  by  its  corporate  name  has  succession  for  the  period 
limited  in  its  articles  and  power — 

First — To  sue  and  be  sued  in  any  court. 

Second — To  make  and  use  a  common  seal,  and  alter  the  same  at 
pleasure. 

Third — To  purchase,  hold,  sell,  and  convey,  such  real  and  personal 
estate  as  the  purposes  of  the  incorporation  shall  rec-[uire. 

Fourth — To  appoint  such  officers,  agents,  and  servants,  as  the  business 
of  the  corporation  shall  require  to  define  their  powers,  prescribe  their 
duties,  and  fix  their  compensation. 


—  9  — 

Fifth — To  require  of  them  such  security  as  may  be  thought  proper 
for  the  fulfillment  of  their  duties,  and  to  remove  them  at  will,  except 
that  no  trustee  shall  be  removed  from  office  unless  by  a  vote  of  two 
thirds  of  the  whole  number  of  trustees,  or  by  a  vote  of  a  majority  of 
the  trustees,  on  a  written  request,  signed  by  one  half  of  the  lot  owners. 

Sixth — To  make  by-laws,  not  inconsistent  with  the  laws  of  this  state, 
for  the  organization  of  the  company,  the  management  of  the  property, 
regulation  of  its  affairs,  for  holding  meetings,  and  for  carr^nng  on  all 
kinds  of  business  within  the  object  and  purposes  of  the  corporation. 
The  affairs  and  property  of  such  associations  shall  be  managed  by  the 
trustees,  who  shall  annuall.y  appoint,  from  among  their  number,  a 
president  and  vice-president,  and  shall  also  appoint  a  secretary  and 
treasurer,  who  shall  hold  their  places  during  the  pleasure  of  the  board 
of  trustees,  and  the  trustees  may  require  the  treasurer  to  give  security 
for  the  faithful  performance  of  the  duties  of  his  office. 

Seventh — To  take  and  hold  any  real  or  personal  property  bequeathed, 
granted  or  given  to  it  in  trust,  to  apply  the  income  thereof  under  the 
direction  of  the  trustees  of  such  corporation  for  the  improvement  or 
embellishment  of  such  cemetery  or  crematory,  or  for  the  erectipn  or 
preservation  of  any  building,  fence,  or  walks,  erected  or  to  be  erected 
upon  the  land  of  ^uch  corporation  or  upon  the  lots  or  plats  of  any  of 
the  members,  or  for  the  preservation  or  removal  of  any  tomb,  inonument, 
gravestone,  fence,  railing,  or  other  structure  or  improvement,  in  or 
around  any  cemetery  lot,  plat  or  grave,  or  for  the  planting  or  cultivating 
of  trees,  shrubs,  flowers,  or  plants,  in,  upon,  or  around  any  such  lot, 
plat,  or  grave,  or  for  improving  or  embellishing  such  cemetery,  or  any 
of  the  lots,  or  plats,  in  any  form  or  manner,  consistent  with  the  design 
and  purpose  of  the  association,  according  to  the  terms  of  such  grant, 
devise  or  bequest. 

Sec.  610.  Any  association  incorporated  under  this  title  ma.y  take, 
by  purchase  or  devise,  and  hold,. within  the  county  in  which  the  articles 
of  incorporation  are  filed,  not  exceeding  three  hundred  and  twenty  acres 
of  land,  to  be  held  and  occupied  exclusively  for  a  cemetery  for  the 
burial  or  cremation  of  the  dead.  Such  land,  or  such  parts  thereof  as 
may  from  time  to  time  be  required  for  that  purpose,  shall  be  surveyed 
and  subdivided  into  lots  or  plats  of  such  size  as  the  trustees  may  direct, 
with  such  avenues,  paths,  alleys,  and  sites  for  buildings  as  the  trustees, 
deem  proper;  and  a  map  or  maps  of  such  surveys  shall  be  filed  in  the 
office  of  the  countj^  recorder  of  the  county  in  which  the  land  shall  be 
situated;  and  after  filing  such  map,  the  trustees  may  sell  and  convey 
the  lots  or  plats  designated  upon  such  map,  upon  such  terms  as  shall 
be  agreed  upon,  and  subject  to  such  conditions  and  restrictions,  to  be 
inserted  in  or  annexed  to  the  conveyances,  as  the  trustees  shall  prescribe. 
Any  association  incorporated  under  this  act  may  hold  personal  property 


—  10  — 

to  an  amount  not  exceeding  five  thousand  dollars,  besides  what  may 
arise  from  the  sale  of  lots  or  plats. 

Sec.  6il.  Such  corporation  may  issue  their  bonds,  bearing  interest 
not  exceeding  twelve  per  cent  per  annum,  for  the  purchase  of  lands  for 
their  cemeteries,  payable  out  of  the  proceeds  of  the  cemetery  and  not 
otherwise;  sixty  per  cent  of  the  proceeds  of  sale  of  lots,  plats,  and 
graves  must  be  applied  at  least  every  three  months  to  the  payment  of  the 
bonds  and  interest.  Such  corporations  may  also  agree  with  the  person 
or  persons  from  whom  cemetery  land  shall  be  purchased,  to  pay  for  such 
lands,  as  the  purchase  price  thereof,  any  specified  share  or  portion,  not 
exceeding  sixty  per  cent  of  the  proceeds  of  all  sales  made  from  such 
lands;  such  payment  to  be  made  at  such  intervals  as  may  be  agreed 
upon.  In  all  cases  where  cemetery  lands  shall  be  purchased  and  agreed 
to  be  paid  for  in  the  manner  last  provided,  the  prices  for  lots  or  plats 
specified  in  the  by-laws,  rules,  or  regulations  first  adopted  by  such 
association,  or  prescribed  in  the  agreement  between  the  cemetery  and 
the  person  or  persons  from  whom  the  cemetery  lands  were  purchased, 
shall  not  be  changed  without  the  written  consent  of  a  majority  in 
interest  of  the  persons  from  whom  such  lands  were  purchased,  their 
heirs,  representatives,  or  assigns. 

Sec.  612.  The  annual  election  of  trustees  to  supply  the  place  of 
those  whose  term  of  office  expires  shall  be  holden  on  the  day  fixed  in 
the  by-laws,  and  at  such  hour  and  place  as  the  trustees  shall  direct; 
at  which  election  shall  be  chosen  such  member  of  trustees  as  will 
supply  the  places  of  those  whose  term  expires.  The  trustees  chosen 
at  any  election  subsequent  to  the  first,  shall  hold  their  places  for  three 
years,  and  until  others  shall  be  chosen  to  succeed  them.  But  in  all 
elections  after  the  first,  the  trustees  shall  be  chosen  from  among  the 
proprietors  of  lots,  or  plats,  and  the  trustees  shall  have  power  to  fill 
any  vacancy  in  their  number  occurring  during  the  period  for  which 
they  hold  their  office.  Public  notice  of  the  annual  elections  shall  be 
given  in  such  manner  as  the  by-laws  of  the  corporation  shall  prescribe. 

Sec.  617.  Corporations  incorporated  under  this  title  shall,  have 
authority  to  purchase,  lease,  or  erect  buildings  and  appliances  to  be 
ased  exclusively  for  the  purpose  of  cremating  human  bodies,  and  they 
may  purchase,  or  lease,  and  hold  land  necessary  for  cremation  pur- 
,  poses,  or  for  the  erection  of  columbariums  for  the  entombing  of  the 
ashes  of  the  cremated,  when  inclosed  in  metal  or  stone  or  cement 
vessels,  and  not  otherwise;  but  no  uncremated  body  shall  be  interred 
or  placed  for  any  time  whatever  inside  of  the  walls,  or  in  the  walls 
of  a  place  where  the  ashes  of  the  cremated  are  deposited.  Such  asso- 
ciations shall  invest  their  funds  and  use  the  proceeds  thereof,  after  cur- 
rent expenses  are  paid,  for  the  perpetual  care  of  grounds,  lots,  buildings, 


—  11  — 

and  niches,  according  to  contracts  made  and  to  be  made  with  patrons, 
and  in  conducting  its  business  such  association  shall  have  the  same 
powers  granted  by  law  to  corporations  in  general ;  provided,  they  shall 
have  no  authority  to  contract  any  pecuniary  obligation  whatever,  nor 
shall  they  have  power  to  levy  or  collect  assessments.  In  case  of 
epidemics  or  the  prevalence  of  contagious  diseas&s,  or  otherwise,  the 
proper  authorities  of  any  county,  city  and  county,  city,  or  town,  may 
order  the  unclaimed  or  unknown  dead,  and  the  dead  who  die  in  public 
institutions  under  the  control  of  any  county,  city  and  county,  city, 
or  town,  and  the  dead  commonly  buried  at  public  expense,  cremated, 
and  their  ashes  immured  or  otherwise  preserved  in  receptacles  in  colum- 
bariums,  or  interred  in  burial  places ;  and  human  bodies,  and  parts 
of  bodieSj  used  in  medical  or  other  schools  (except  specimens  to  be  pre- 
served) shall  not  be  cast  into  the  waters  of  the  state,  nor  on  the  ground, 
nor  in  the  receptacles  for  refuse  matter,  nor  in  vaults,  nor  in  sewers, 
but  shall  either  be  buried  as  deep  in  the  ground  as  is  by  law  required 
for  dead  bodies,  or  cremated,  as  in  this  act  provided.  But  the  remains 
of  a  person  shall  not  be  cremated  by  compulsion,  under  the  provisions 
of  this  section,  if  he  or  his  family,  or  any  member  thereof,  or  his  church 
or  spiritual  adviser  objects. 

The  act  of  March  23,  1893  (Statutes  1893,  page  203),  relating  to  the 
appointment  of  guardians  of  children,  has  been  codified  by  the  amend- 
ment of  section  246  of  the  Civil  Code. 

The  amended  section  reads  as  follows : 

Sec.  246.  In  awarding  the  custody  of  a  minor,  or  in  appointing  a 
general  guardian,  the  court  or  ofBcer  is  to  be  guided  by  the  following 
considerations : 

1.  By  what  appears  to  be  for  the  best  interest  of  the  child  in  respect 
to  its  temporal  and  its  mental  and  moral  welfare ;  and  if  the  child  is 
of  a  sufficient  age  to  form  an  intelligent  preference,  the  court  may  con- 
sider that  preference  in  determining  the  question ; 

2.  As  between  parents  adversely  claiming  the  custody  or  guardian- 
ship, neither  parent  is  entitled  to  it  as  of  right;  but  other  things  being 
ecpial,  if  the  child  is  of  tender  years,  it  should  be  given  to  the  mother; 
if  it  is  of  an  age  to  require  education  and  preparation  for  labor  and 
business  then  to  the  father ; 

3.  Of  two  persons  equally  entitled  to  the  custody  in  other  respects, 
preference  is  to  be  given  as  follows : 

(1)  To  a  parent; 

(2)  To  one  who  was  indicated  by  the  wishes  of  a  deceased  parent; 

(3)  To  one  who  already  stands  in  the  position  of  a  trustee  of  a  fund 
to  be  applied  to  the  child's  support; 

(4)  To  a  relative. 


—  12  — 

4.  Any  person  who  Icnowingly  or  willfnlh*  abandons,  or  havinji'  the 
ability  so  to  do,  fails  to  maintain  his  minor  child  imder  the  age  of  four- 
teen years,  forfeits  the  guardianship  of  such  child ;  and  any  parent  or 
guardian  who  knowingh'  permits  his  child  or  ward  to  remain  for  the 
space  of  one  year  in  any  orphan  asylum  of  this  state,  wherein  such  child 
is  supported  by  charity,  and  who,  during  such  period,  fails  to  give 
notice  in  writing  to  the  managers  or  officers  of  such  asylum  that  he  is 
such  parent  or  guardian,  abandons  and  forever  forfeits  all  right  to  the 
guardianship,  care,  custody,  and  control  of  such  child.  The  officers 
and  managers  of  anj^  orphan  asylum  having  any  such  abandoned  child 
in  its  care  have  thereafter  the  preferred  right  to  the  guardianship  of 
such  child ;  provided,  however,  that  such  managers  shall  not  be  appointed 
guardian  of  a  minor  child  over  fourteen  years  of  age  without  its  eon- 
sent,  nor  shall  anything  herein  preclude  the  court  of  competent  juris- 
diction from  inquiring  into  the  fitness  of  such  managers  for  the  guar- 
dianship of  such  children. 

The  act  of  February  25,  1897  (Statutes  1897,  page  29),  should  be 
amended  to  take  effect  January  1,  1909,  and  codified  as  section  1207 
of  the  Civil  Code. 

The  amended  section  reads  as  folloAvs: 

Sec.  1207.  Any  instrument  affecting  real  property,  which  was,  pre- 
vious to  the  first  day  of  January',  one  thousand  nine  hundred  and  nine, 
copied  into  the  proper  book  of  record,  kept  in  the  office^  of  any  county 
recorder,  imparts,  after  that  date,  notice  of  its  contents  to  subsequent 
purchasers  and  encumbrancers,  notwithstanding  any  defect,  omission, 
or  informality  thereof,  or  the  absence  of  any  such  certificate ;  but  noth- 
ing herein  affects  the  rights  of  purchasers  or  encumbrancers  previous 
to  that  date.  Duly  certified  copies  of  the  record  of  any  such  instrument 
may  be  read  in  evidence  w4th  like  effect  as  copies  of  an  instrmnent  duly 
acknowledged  and  recorded ;  provided,  when  such  copying  in  the  proper 
book  of  record  occurred  within  fifteen  years  prior  to  the  trial  of  the 
action,  it  is  first  shown  that  the  original  instrument  was  genuine. 

The  act  of  March  11,  1874  (Statutes  1873-4,  page  345),  relating  to 
conveyances  of  real  estate  and  indexing  thereof,  is  codified  as  follows: 

Section  1  of  said  act  is  included  in  section  1096  of  the  Civil  Code,  and 
sections  2  and  3  thereof  are  included  in  section  4136  of  the  Political 
Code  amended. 

The  amended  section  reads  as  follows : 

Sec.  4136.  The  recorder  may  keep  in  the  same  volume  any  two  or 
more  of  the  indices  mentioned  in  section  forty-one  hundred  and  thirty- 
two;  but  the  several  indices  must  be  kept  distinct  from  each  other, 
and  the  volume  distinctly  marked  on  the  outside  in  such  a  wav  as  to 


—  13  — 

show  all  the  indices  kept  therein.  The  names  of  the  parties  in  the  first 
column  in  the  several  indices  must  be  arranged  in  alphabetical  order, 
and  when  a  conve.yanee  is  executed  by  any  public  officer  pursuant  to 
any  law  of  this  state,  the  name  of  the  officer  and  the  party  against 
whom  the  process  or  order  was  issued  must  be  inserted  in  the  index; 
and  when  an  instrument  is  recorded  to  which  an  executor,  administrator, 
or  trustee  is  a  party,  the  name  of  such  executor,  administrator,  or  trus- 
tee, together  with  the  name  of  the  testator,  or  intestate,  or  party  for 
whom  the  trust  is  held,  must  be  inserted  in  the  index ;  if  the  title  to  the 
real  estate  is  conveyed  by  or  under  a  different  name  from  that  by  or 
under  which  it  was  acquired,  the  county  recorder  shall  alphabetically 
index  in  the  "index  of  grantors,"  both  in  the  name  by  which  the  title 
was  acquired,  and  also  in  the  name  by  which  the  same  was  conveyed. 

The  act  of-  March  23,  1901  (Statutes  1901,  page  589),  relating  to  the 
powers  of  supervisors,  is  codified  as  an  amendment  to  section  4041  of 
the  Political  Code. 

The  amended  section  reads  as  folloM-s : 

Sec.  4041.  The  boards  of  supervisors,  in  their  respective  counties, 
shall  have  jurisdiction  and  power,  under  such  limitations  and  restric- 
tions as  are  prescribed  by  law; 

1.  To  supervise  the  official  conduct  of  all  county  officers,  and  officers 
of  all  districts  and  other  subdivisions  of  the  county  charged  with  the 
assessing,  collecting,  safe-keeping,  management,  or  disbursement  of  the 
public  revenues ;  to  see  that  they  faithfully  perform  their  duties,  direct 
prosecution  for  delinquencies,  and,  when  necessary,  require  them  to 
renew  their  official  bonds,  make  reports  and  present  their  books  and 
accounts  for  inspection. 

2.  To  divide  the  counties  into  townships,  election,  school,  road,  super- 
visor, sanitary,  and  other  districts  required  by  law,  change  the  same, 
and  create  others,  as  convenience  requires. 

3.  To  establish,  abolish,  and  change  election  precincts  and  to  appoint 
inspectors,  clerks  and  judges  of  election,  canvass  all  election  returns, 
declare  the  result,  and  order  the  county  clerk  to  issue  certificates 
thereof ;  but  no  election  precinct  shall  be  established  or  abolished,  or  the 
boundaries  of  any  precinct  changed,  within  ninety  days  prior  to  any 
election. 

4.  To  lay  out,  maintain,  control,  construct,  repair,  and  manage  public 
roads,  turnpikes,  ferries,  wharves,  chutes,  and  other  shipping  facilities 
and  bridges  within  the  county,  unless  otherwise  provided  by  law,  and 
to  grant  franchises  and  licenses  to  collect  tolls  thereon ;  provided,  where 
the  cost  of  the  construction  of  any  bridge,  wharf,  chute,  or  other  ship- 
ping facilities  that  may  be  built  under  the  provisions  of  this  subdivision 
exceeds  the  sum  of  five  hundred  dollars,  the\'  nuist  cause  to  be  prepared 


—  14  — 

and  must  adopt  plans  and  specifications,  strain  sheets,  and  working 
details,  and  must  advertise  for  bids  for  the  construction  of  such  bridge, 
wharves,  chutes,  or  other  shipping  facilities,  unless  otherwise  pro\ided 
by  law,  in  accordance  with  the  plans  and  specifications  so  adopted. 
All  bidders  shall  be  afforded  opportunity  to  examine  such  plans  and 
specifications,  and  said  board  shall  award  the  contract  to  the  lowest 
responsible  bidder,  and  the  plans  and  specifications  so  adopted  shall 
be  attached  to  and  become  a  part  of  the  contract ;  and  the  person  or 
corporation  to  whom  the  contract  is  awarded  shall  be  required  to  execute 
a  bond,  to  be  approved  by  said  board,  for  the  faithful  performance  of 
such  contract ;  provided,  that  after  the  submission  of  the  bids  as  herein 
provided,  the  board  of  supervisors  being  advised  by  the  county  surveyor 
that  the  work  can  be  done  for  a  sum  less  than  the  lowest  responsible  bid, 
it  shall  then  be  their  privilege  to  reject  all  bids  and  to  order  the  w^ork 
done  or  structure  built  by  day's  work,  under  the  supervision  and  control 
of  the  said  surveyor;  provided  further,  that  the  surveyor  in  such  cases 
shall  be  held  personally  responsible,  under  his  official  bond,  to  construct 
said  bridge  or  structure,  according  to  his  plans  and  specifications,  at 
a  cost  not  to  exceed  the  amount  of  the  lowest  responsible  bid  received ; 
provided,  that  the  road  commissioners  or  road  overseers  in  their  respec- 
tive districts  shall  employ  all  labor  required  and  direct  the  conduct  of 
work  of  any  kind  upon  any  and  all  public  roads ;  provided  further,  that 
in  cases  of  great  emergency,  by  the  unanimous  consent  of  the  whole 
board,  they  may  proceed  at  once  to  replace  or  repair  any  and  all 
bridges  and  structures  without  notice. 

5.  To  construct  or  lease,  officer  and  maintain  hospitals  and  alms- 
houses, or  otherwise,  in  their  discretion ;  provide  for  the  care  and  main- 
tenance of  the  indigent  sick  or  dependent  poor  of  the  county;  and  for 
such  purposes  to  levy  the  necessary  property  or  poll  taxes,  or  both. 
The  board  of  supervisors  shall  appoint  some  suitable  person  to  take 
care  of  and  maintain  such  hospitals  and  almshouses,  and  shall  also 
appoint  some  suitable  graduate  or  graduates  in  medicine  to  attend  to 
such  indigent  sick  or  dependent  poor,  and  to  the  patients  in  such 
hospitals  and  almshouses.  The  board  shall  not  let  the  care,  mainte- 
nance, or  attendance  of  such  indigent  sick  or  dependent  poor  by  contract 
to  the  lowest  bidder. 

6.  To  provide  a  farm,  in  connection  with  the  county  hospital,  or 
almshouse,  and  make  regulations  for  working  the  same. 

7.  To  purchase,  receive  by  donation,  or  lease  any  real  or  personal 
property  or  water  rights  necessary  for  use  of  the  county,  and  to  pur- 
chase or  otherwise  acquire  necessary  real  estate  upon  which  to  sink 
wells  to  obtain. water  for  sprinkling  roads,  and  other  county  purposes, 
and  to  erect  thereon  tanks  and  reservoirs  for  the  storage  of  water  for 
such  purposes,  and  to  erect  pumping  apparatus  for  obtaining  the  same, 


—  15  — 

to  preserve,  take  care  of,  and  manage  and  control  the  same ;  but  no 
I^urchase  of  real  property  shall  be  made  unless  a  notice  of  the  intention 
of  the  board  to  make  such  purchase,  describing  the  property  to  be 
purchased,  the  price  to  be  paid  therefor,  from  whom  it  is  proposed  to 
be  purchased,  and  fixing  the  time  when  the  board  will  meet  to  con- 
summate svich  purchase,  has  been  published  for  at  least  three  weeks 
in  some  newspaper  of  general  circulation,  published  in  the  county;  or 
if  none  be  published  in  the  county,  has  been  posted  at  least  three 
weeks  prior  to  the  time  when  the  board  meets  to  consummate  such 
purchase,  in  at  least  three  public  places  in  each  supervisor  district. 

8.  To  cause  to  be  erected,  or  rebuilt,  or  furnished,  a  courthouse,  jail, 
hospital,  and  such  other  public  buildings,  as  may  be  necessary,  or  to 
provide  suitable  buildings  for  such  purposes.  None  of  the  aforesaid 
buildings  shall  be  erected  or  constructed  until  the  plans  and  specifica- 
tions have  been  made  therefore  and  adopted  by  the  board.  All  such 
buildings  must  be  erected  by  contract,  let  to  the  lowest  responsible 
bidder,  after  notice  by  publication  in  a  newspaper  of  general  circulation 
published  in  such  county  for  at  least  thirty  days.  In  case  there  is 
no  newspaper  published  in  such  count}^,  then  such  notice  shall  be  given 
by  posting  in  three  public  places. 

9.  To  sell  at  public  auction,  at  the  courthouse  door,  or  at  such 
other  place  within  the  county  as  the  board  may,  by  a  four-fifths  vote, 
order,  after  thirty  days'  notice,  given  either  by  publication  in  a  news- 
paper published  in  the  county,  or  by  posting  in  five  public  places  in 
the  county,  and  convey  to  the  highest  bidder  for  cash,  any  property 
belonging  to  the  county  not  required  for  public  use,  paying  the  pro- 
ceeds into  the  county  treasury  for  the -use  of  the  county;  provided,  if 
in  the  unanimous  judgment  of  the  board,  the  property  does  not  exceed 
in  value  the  sum  of  seventy-five  dollars,  or  if  it  be  the  product  of  the 
county  farm,  the  same  may  be  sold  at  private  sale,  without  advertising, 
by  any  member  of  the  board  empowered  for  that  purpose  by  a  majority 
of  the  board. 

10.  To  examine  and  audit,  at  least  every  twelve  months,  the  accounts 
of  all  officers  having  the  care,  management,  collection,  or  disbursement 
of  moneys  belonging  to  the  county,  or  moneys  received  or  disbursed  by 
them  under  authority  of  law. 

11.  To  examine,  settle,  and  allow  all  accounts  legally  chargeable 
against  the  county,  except  salaries  of  officers,  and  such  demands  as  are 
authorized  by  law  to  be  allowed  by  some  other  person  or  tribunal,  and 
order  warrants  to  be  drawn  on  the  county  treasurer  therefor. 

12.  To  levy  taxes  upon  the  taxable  property  of  their  respective  coun- 
ties for  all  county  purposes,  and  also  upon  the  taxable  property  of  any 
district,  for  the  construction  and  repair  of  roads  and  highwaj^s  and  other 
district  purposes ;    provided,  that  no  tax  shall  be  levied  upon  any  dis- 


—  16  — 

trict  until  the  proposition  to  levy  the  same  has  been  submitted  to  the 
qualified  electors  of  such  district,  and  received  a  majority  of  all  the  legal 
votes  cast  upon  such  proposition. 

13.  To  acquire  and  take  by  purchase,  condemnation,  or  otherwise, 
land  for  the  uses  and  purposes  of  public  boulevards ;  to  lay  out,  estab- 
lish and  improve  public  boulevards  and  to  incur  a  bonded  indebtedness 
for  any  of  such  purposes ;  provided,  that  no  such  indebtedness  shall  be 
incurred  for  any  such  purposes  until  after  the  question  of  the  issue  of 
bonds  therefor  shall  have  been  submitted  to  the  qualified  electors  of  the 
county,  at  a  special  election  called  for  that  purpose  and  two  thirds  of  the 
electors  of  the  county  voting  at  such  election  shall  have  voted  in  favor 
of  issuing  such  bonds ;  said  election  to  be  called  and  held,  and  said  bonds, 
if  authorized,  to  be  issued,  sold  and  made  payable  in  the  manner  and 
form  prescribed  by  section  four  thousand  and  eighty-eight.  Said  boards 
shall  also  have  power  to  maintain  public  boulevards,  established  and  laid 
out  under  the  provisions  of  this  title,  and  to  make  and  enforce  rules 
and  regulations  for  the  protection,  management,  control  and  use  of  such 
boulevards. 

14.  To  maintain,  regulate,  and  govern  public  pounds,  fix  the  limits 
within  which  animals  shall  not  run  at  large,  and  appoint  poundkeepers, 
w^ho  shall  be  paid  out  of  the  fines  imposed  and  collected  from  the  owners 
of  impounded  animals,  and  from  no  other  source. 

15.  To  equalize  assessments. 

16.  To  direct  and  control  the  prosecution  and  defense  of  all  suits  to 
which  the  county  is  a  party,  and  by  a  two-thirds  vote  of  all  the  members 
may  employ  counsel  to  assist  the  district  attorney  in  conducting  the 
same. 

17.  To  insure  the  county  buildings  and  other  propert^^  in  the  name  of 
and  for  the  benefit  of  the  county. 

18.  To  establish  a  salary  fund,  and  such  other  county  funds  as  they 
may  deem  necessary  for  the  proper  transaction  of  the  business  of  the 
county,  and  to  transfer  moneys  from  one  fund  to  another,  as  the  public 
interest  may  require. 

19.  To  fill,  by  appointment,  all  vacancies  that  may  occur  in  any  office 
filled  by  the  appointment  of  the  board  of  supervisors  and  elective  county 
or  township  officers,  except  in  those  of  judge  of  the  superior  court  and 
supervisor,  the  appointee  to  hold  office  for  the  unexpired  term  or  until 
the  next  general  election. 

19a.  To  employ  the  copyists  necessary  to  reproduce  any  of  the  county 
records  that  may  be  in  danger  of  destruction  by  age,  obliteration,  or 
constant  use  in  any  of  the  county  offices. 

20.  To  make  and  enforce  such  rules  and  regulations  for  the  govern- 
ment of  their  body,  the  preservation  of  order,  and  the  transaction  of 
business,  as  may  be  necessary. 


I 


—  17  — 

21.  To  adopt  a  seal  for  the  board,  a  description  and  impression  of 
which  must  be  filed  in  the  office  of  the  connty  clerk  and  of  the  secretary 
of  state. 

22.  To  license,  in  the  exercise  of  their  police  powers,  and  for  the  pnr- 
pose  of  regulation,  as  herein  provided,  and  not  otherwise,  all  and  every 
kind  of  business  not  prohibited  by  law,  and  transacted  and  carried  on 
within  the  limits  of  their  respective  jurisdictions,  and  all  shows,  exhi- 
bitions, and  lawful  games  carried  on  therein,  to  fix  the  rates  of  license 
tax  upon  the  same,  and  to  provide  for  the  collection  of  the  same  by  suit 
or  otherwise;  provided,  however,  uo  license  can  be  collected,  or  any 
penalty  for  the  nonpayment  thereof  enfoi'ced  against  any  commercial 
travelei'  whose  business  is  limited  to  the  goods,  wares,  merchandise 
sold  or  dealt  in  in  this  state  at  wholesale. 

23.  To  provide  for  the  destruction  of  gophers,  squirrels,  other  wild 
animals,  noxious  weeds,  and  insects  injurious  to  fruit  or  fruit  trees,  or 
vines,  or  vegetable  or  plant  life. 

24.  To  provide  for  the  prevention  of  injuries  to  sheep  by  dog-s,  and 
to  tax  dogs  and  direct  the  application  of  the  tax. 

25.  To  provide,  by  ordinances  not  in  conflict  with  the  general  laws  of 
the  state,  for  the  protection  of  fish  and  game,  and  may  shorten  the 
season  for  the  taking  or  killing  of  fish  and  game,  ^vithin  the  dates  fixed 
by  the  general  state  laAvs,  but  shall  not  lengthen  the  same. 

26.  To  provide  for  the  working  of  prisoners  confined  in  the  county 
jail,  under  judgment  of  conviction  of  misdemeanor,  under  the  direction 
of  some  responsible  person,  to  be  appointed  by  the  sheriff,  whose  com- 
pensation shall  not  exceed  one  hundred  dollars  per  -month,  upon  the 
public  grounds,  roads,  streets,  allej^s,  highways,  or  public  buildings,  or 
in  such  other  places  as  may  be  deemed  advisable,  for  the  benefit  of  the 
county. 

27.  To  provide  for  the  burying  of  the  indigent  dead. 

28.  To  make  and  enforce,  within  the  limits  of  their  county,  all  such 
local  police,  sanitary,  and  other  regulations  as  are  not  in  conflict  with 
general  laws. 

29.  To  adopt  such  rules  and  regulations,  within  their  respective 
counties,  with  regard  to  keeping  and  storing  of  every  description  of 
gunpowder,  Hercules  powder,  giant  powder,  or  other  explosive  or  com- 
bustible material,  as  the  safety  and  protection  of  the  lives  and  prop- 
erty of  individuals  may  require. 

30.  To  appropriate  from  the  general  fund  of  the  county,  utiless  other- 
wise in  this  title  provided,  not  to  exceed,  in  counties  of  the  first  and 
second  class,  the  sum  of  three  thousand  dollars,  and  in  all  other  counties 
the  sum  of  two  thousand  dollars  in-  any  one  year,  to  aid  in  or  carry  on 
the  work  of  inducing  immigration  thereto,  or  for  the  purpose  of  exhib- 

2 — GL 


—  18  — 

iting  or  advertising  the  agricultural,  mineral,  manufacturing,  or  other 
resources  of  the  county. 

31.  To  enforce,  by  ordinance,  within  the  limits  of  their  counties,  all 
such  regulations  concerning  the  size  of  wagons  and  vehicles  of  all  kinds 
to  be  used  on  the  roads  or  highways,  and  the  width  of  tires  on  the 
same,  as  are  not  in  conflict  with  general  laws. 

32.  To  grant  licenses  and  franchises  for  constructing,  keeping,  and 
taking  tolls  on  roads,  bridges,  ferries,  wharves,  chutes,  booms,  and  piers, 
and  to  grant  franchises  along  and  over  the  public  roads  and  highways 
for  all  lawful  purposes,  upon  such  terms  and  conditions  and  restric- 
tions as  in  their  judgment  may  be  necessary  and  proper,  and  in  such 
manner  as  to  present  the  least  possible  obstruction  and  inconvenience  to 
the  traveling  public. 

33.  To  grant,  on  such  terms,  conditions,  and  restrictions  as  in  their 
judgment  may  be  necessary  and  proper,  licenses  and  franchises  for 
taking  tolls  on  public  roads  or  highways,  whenever  in  their  judgment 
the  expense  necessary  to  operate  or  maintain  such  public  roads  or  high- 
ways as  free  public  highways  is  too  great  to  justify  the  county  in  so 
operating  or  maintaining  them.  It  shall  always  be  a  condition  attached 
to  the  granting  of  such  licenses  and  franchises,  that  such  roads  or  high- 
ways shall  be  kept  in  reasonable  repair  by  the  person  or  persons  to 
whom  such  licenses  or  franchises  may  be  granted. 

34.  To  enact  ordinances  and  regulations  for  the  construction,  alter- 
ation, repair,  and  control  of  all  public  roads  and  highways  in  the  county, 
unless  otherwise  provided  by  law. 

35.  To  levy  a  special  road  fund  tax,  not  to  exceed  two  (2)  mills  on 
the  one  dollar  of  assessed  valuation,  on  all  the  property  in  such  coun- 
ties, outside  of  any  incorporated  city  or  town.  Such  tax  shall  be  in 
addition  to  all  taxes  otherwise  provided  for,  and  the  fund  so  created 
shall  be  expehded  for  the  construction  and  maintenance  of  the  main 
public  roads  or  county  highways  in  the  several  road  districts,  in  pro- 
portion to  the  amount  collected  from  such  districts. 

36.  To  encourage,  under  such  regulations  as  they  may  adopt,  the 
planting  and  preservation  of  shade  and  ornamental  trees  on  the  public 
roads  and  highways,  and  on  and  about  the  public  grounds  and  build- 
ings of  the  county,  and  pay  to  persons  planting  and  cultivating  the  same, 
for  every  living  tree  thus  planted,  at  the  age  of  four  years,  a  sum  not 
exceeding  one  dollar. 

37.  To  provide  by  ordinance  for  the  organization  and  government 
of  districts,  to  protect  and  preserve  the  banks  of  rivers  and  streams 
and  lands  lying  contiguous  thereto  from  injury  by  overflow  or  the  wash- 
ing thereof,  and  tp  provide  for  the  improvements  of  said  rivers  and 
streams,  and  prevent  the  obstruction  thereof,  and  to  provide  for  the 
assessment,  levy,  and  collections  within  such  districts  of  a  tax  therefor. 


—  lo- 
ss. To  appropriate  a  sum  not  exceeding  two  cents  per  one  hundred 
dollars  of  the  assessed  valuation  of  their  county  in  any  one  year,  in  addi- 
tion to  any  sum  which  may  be  chargeable  to  the  county  for  the  repay- 
ment of  money  expended  by  the  state  for  protection  against  fire  in 
such  county,  for  the  purpose  of  protecting  forest,  brush  and  grass  lands 
therein,  against  fire  or  other  injury,  and  of  aiding  the  state  and  federal 
authorities  in  forestry  work. 

39.  To  do  and  perform  all  other  acts  and  things  required  by  law  not 
in  this  title  enumerated,  or  which  may  be  necessary  to  the  full  discharge 
of  the  duties  of  the  legislative  authority  of  the  county  government. 

40.  The  boards  of  supervisors  of  the  several  counties  within  the  State 
of  California,  or  any  of  them,  are  hereby  authorized  and  empowered  to 
levy  a  special  tax  on  the  taxable  property  within  their  respective  coun- 
ties, for  the  purpose  of  creating  a  fund  not  exceeding  ten  thousand  dol- 
lars in  any  one  year  in  any  one  county,  to  be  used  for  collecting,  prepar- 
ing, and  maintaining  an  exhibition  of  the  products  and  industries  of 
the  county  of  any  domestic  or  forign  exposition,  for  the  purpose  of 
encouraging  immigration  and  increasing  trade  in  the  products  of  the 
State  of  California ;  provided,  the  total  tax  levies  for  such  purposes  in 
any  one  year  shall  not  exceed  two  cents  on  each  one  hundred  dollars 
of  taxable  property  in  the  county,  according  to  the  assessment  roll. 

The  act  of  March  23,  1901  (Statutes  1901),  relating  to  the  exclusion 
of  aliens  from  employment  by  the  state,  county,  city  and  county  of  this 
state,  is  codified  as  sections  .3251,  3253,  and  3254  of  the  Political  Code. 

The  new  sections  read  as  follows : 

Sec.  3251.  No  person,  except  a  native-born  or  naturalized  citizen 
of  the  United  States,  shall  be  employed  in  any  department  of  the  state, 
county,  city  and  county  or  incorporated  city  or  town  government  in 
this  state. 

Sec.  3253.  It  shall  be  unlawful  for  any  person,  whether  elected, 
appointed,  or  commissioned  to  fill  any  office  in  either  the  state,  county, 
city  and  county,  or  incorporated  city  or  town  government  of  this  state, 
or  in  any  department  thereof,  to  appoint  or  employ  any  person  to  per- 
form any  duties  whatsoever,  except  such  person  be  a  native-born  or 
naturalized  citizen  of  the  United  States. 

Sec.  3254.  No  money  shall  be  paid  out  of  the  state  treasury,  or  out 
of  the  treasury  of  any  county,  or  city  and  county,  or  incorporated  city 
or  to\ATi,  to  any  person  employed  in  any  of  the  offices  mentioned  in  sec- 
tion 3253  of  this  code,  except  such  person  shall  be  a  native-born  of 
naturalized  citizen  of  the  United  States. 

Sec.  1.  An  act  entitled  "An  act  to  secure  to  native-born  and  nat- 
uralized citizens  of  the  United  States,  the  exclusive  right  to  be  employed 


—  20  — 

in  any  depai  tinent  of  the  state,  county,  city  and  county,  or  incorporated 
city  or  town  government  in  this  state,''  approved  March  23,  1901,  is 
hereby  repealed. 

The  act  of  March  25,  1889  (Statutes  1889,  page  451),  providing  for 
improvements  in  the  capitol  building  should  be  codified  as  an  amend- 
ment to  section  412  of  the  Political  Code. 

The  amended  section  reads  as  follows: 

Sec.  412.  The  secretary  of  state  is  the  superintendent  of  the  state 
capitol  and  keeper  of  the  public  archives,  and  shall  have  charge  of  the 
state  capitol,  and  he  nnist  keep  the  same,  together  with  all  property 
therein,  in  good  order  and  repair. 

The  act  of  April  1,  1872  (Statutes  1872,  page  951),  to  protect  the 
wages,  salaries,  and  fees  of  sul)ordinate  officers,  is  codified  as  section  74a 
(new)  of  the  Penal  Code. 

The  new  section  reads  as'  follows : 

74a.  Every  officer  of  this  state,  or  of  any  county,  city  and  county, 
city,  or  township  therein,  who  accepts,  keeps,  retains,  or  diverts,  for 
his  own  use  or  the  use  of  any  other  person  any  part  of  the  salary  or 
fees  allowed  by  law  to  his  deput}^  clerk,  or  other  subordinate  officer, 
and  every  person  who  employs  laborers  upon  the  public  works,  and  who 
takes,  keeps,  or  receives,  any  part  or  portion  of  the  wages  due  to  such 
laborers  from  the  state,  county,  or  municipal  corporation  for  which 
such  work  is  done,  is  guilt\'  of  a  felony. 

The  act  of  March  21.  1905  (Statutes  1905,  page  673),  relating  to  the 
sale  of  intoxicating  liquors  to  minors,  is  codified  as  an  amendment  to 
section  3976  of  the  Penal  Code. 

The  amended  section  reads  as  follows : 

Sec.  397 &.  Every  person  who  sells,  gives,  or  delivers  to  any  minor 
child,  male  or  female,  under  the  age  of  eighteen  years,  any  intoxicating 
drink  in  any  quantity  whatsoever,  or  who,  as  proprietor,  manager,  or 
barkeeper  of  any  saloon  or  public  house  where  intoxicating  liquors  are 
sold,  permits  any  such  minor  child  under  the  age  of  eighteen  years,  to 
visit  said  saloon  or  public  house  where  intoxicated  liquors  are  sold, 
shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  conviction  thereof, 
be  punished  by  a  fine  of  not  more  than  three  hundred  dollars,  or  by 
imprisonment  in  the  comity  jail  for  a  period  not  exceeding  one  hun- 
dred and  fifty  days,  or  by  both  such  fine  and  imprisonment;  provided. 
that  this  section  shall  not  ai)ply  to  the  parents  of  such  children,  or  to 
guardians  of  their  wards. 

The  act  of  March  29.  1877-8  (Statutes  1878,  page  695),  to  protect 
stockholders  and  persons  dealing  with  corporations,  is  codified  as  section 
564  of  the  Penal  Code,  amended. 


—  21  — 

The  new  section  reads  as  follows : 

564.  Any  superintendent,  director,  manager,  officer  or  agent  of  any 
corporation  or  joint-stock  association  formed,  or  existing,  under  the 
laws  of  this  state,  or  any  foreign  corporation  transacting  business  in 
this  state,  or  any  person  representing  himself  as  such  superintendent, 
etc.,  who  knowingly  makes,  publishes,  or  posts,  or  concurs  in  making, 
publishing,  or  posting,  either  generally  or  privately,  to  any  of  the 
stockholders  or  other  persons,  any  written  report,  exhibit,  or  statement 
of  its  affairs,  or  pecuniary  condition,  or  book  or  notice,  containing  any 
statement  which  is  false,  or  any  untrue  or  false,  fraudulent,  or  exag- 
gerated report,  prospectus,  account,  statement  of  operations,  values, 
business,  profits,  expenditures,  or  prospects,  or  any  other  paper  or  docu- 
ment intended  to  produce  or  give,  or  having  a  tendency  to  produce  or 
give,  the  shares  of  stock  in  such  corporation  a  different  actual  or  market 
value  than  they  really  possess,  or  refuses  to  make  any  book  or  post  an^^ 
notice  required  by  law,  in  the  manner  required  by  law,  is  guilty  of 
a  felonv. 


—  22  — 


THE  FOLLOWING  AMENDMENTS  TO  THE  POLITICAL  CODE 
ARE  RECOMMENDED  FOR  THE  REASONS  STATED  IN 
THE  ACCOMPANYING  NOTES. 

Section  3608  of  the  Political  Code  is  amended  to  eliminate  the  argu- 
mentative i>artii  at  the  beginning  thereof,  and  made  to  read  as  follows : 
Sec.  3608.  All  property  belonging  to  corporations,  save  and  except 
the  property  of  national  banking  associations  not  assessable  by  federal 
statute,  shall  be  assessed  and  taxed.  But  no  assessment  shall  be  made 
of  shares  of  stock  in  any  corporation,  save  and  except  in  national  bank- 
ing associations,  whose  property,  other  than  real  estate,  is  exempt  from 
assessment  by  federal  statute. 

Sections  3446  and  3492  of  the  Political  Code,  relate  to  the  same 
subject-matter,  and  in  most  respects,  are  identical.  It  is  therefore 
suggested  that  section  3446  be  amended  to  include  the  provisions  of 
section  3492  by  inserting  the  first  clause  thereof,  and  repealing  section 
3492.     Section  3446  as  amended  reads  as  follows : 

Sec.  3446.  Whenever  the  holders  of  title  or  evidence  of  title  repre- 
senting one  half  or  more  of  any  body  of  swamp  and  overflowed,  salt 
marsh  or  tide  lands,  or  other  lands  subject  to  flood  or  overflow,  sus- 
ceptible of  one  mode  of  reclamation,  desire  to  reclaim  the  same,  or. 
\vhenever  the  holders  of  title  or  evidences  of  title  representing  one  half 
or  more  of  any  body  of  swamp  and  overflowed,  salt,  marsh,  or  tide 
lands,  susceptible  of  one  mode  of  reclamation,  and  already  reclaimed, 
or  in  progress  of  reclamation,  and  not  included  in  any  existing  reclama- 
tion district,  who  may  desire  to  form  a  reclamation  district  for  the 
maintenance,  protection,  and  repair  of  the  reclamation  works,  in,  upon, 
or  appertaining  to  such  body  of  lands,  or  for  the  completion  of  the 
reclamation  thereof,  they  may  present  to  the  board  of  supervisors 
of  the  county  in  which  the  lands,  or  the  greater  part  thereof,  are 
situated,  at  a  regular  meeting  of  the  board,  a  petition,  setting  forth 
that  they  propose  to  form  a  district  for  the  reclamation  of  the  same, 
H  description  of  the  lands  by  legal  subdivisions  or  other  boundaries, 
the  county  in  which  they  are  situated,  the  number  of  acres  in  the  pro- 
posed district,  and  in  each  tract,  with  the  names  (if  known)  of  the 
(/wners  thereof,  and  designating  as  unsold  any  lands  not  reduced  to 
I^rivate  ownership. 

Section  4300fl,  of  the  Political  Code  requires  the  claimant  to  pay 
fifteen  cents  upon  filing  claim  against  the  estate  of  a  deceased  person. 
The  proposed  amendment  omits  this  item. 

The  amended  section  reads  as  follows : 


—  23  — 

Sec.  4300a.  On  the  conimencement  of  any  action  or  proceeding  in 
the  superior  court,  except  probate  proceedings  or  on  an  appeal  thereto, 
to  be  paid  by  the  party  commencing  such  action  or  proceeding,  or  taking 
such  appeal,  five  dollars. 

On  the  filing  of  a  petition  for  letters  of  administration,  testamentary, 
or  guardianship,  five  dollars,  to  be  paid  by  the  petitioner. 

On  filing  the  petition  to  contest  any  will  or  codicil,  three  dollars. 

On  the  appearance  of  any  defendant,  or  any  number  of  defendants 
answer  jointly,  to  be  paid  upon  filing  the  first  paper  in  the  action  by 
him  or  them,  two  dollars. 

On  placing  any  action,  excepting  a  probate  proceeding,  or  default 
case,  on  the  calendar  for  trial  or  hearing,  to  be  paid  by  the  party  at 
whose  request  such  action  or  proceeding  is  so  placed,  two  dollars. 

For  every  additional  defendant  appearing  separately,  one  dollar. 

The  foregoing  fees  shall  be  in  full  for  all  services  rendered  by  such 
clerk  in  the  cause,  to  and  including  the  making  up  of  the  judgment  roll. 

On  the  filing  of  any  notice  of  motion  to  move  for  a  new  trial  of  any 
civil  action  or  proceeding,  the  party  filing  same  shall  pay  to  the  clerk, 
in  full  for  all  services  to  be  rendered  in  connection  with  said  motion, 
except  as  hereinafter  in  this  section  provided,  two  dollars. 

For  issuing  an  execution  or  order  of  sale  in  any  action,  one  dollar. 

In  all  proceedings  or  acts  performed  prior  to  this  section  becoming 
a  law,  such  fees  and  charges  as  were  provided  by  law  at  the  time  such 
proceedings  were  begun  or  acts  performed. 

The  clerk  shall  also  charge  and  collect  the  following  fees  and  com- 
pensation not  above  provided  for: 

For  any  copy  of  any  record,  proceeding,  or  paper  on  file  in  the  office 
of  the  clerk  relating  to  any  civil  action  pending  in  said  court,  when 
such  copy  is  made  by  him,  per  folio,  ten  cents. 

For  each  certificate  of  the  clerk,  under  the  seal  of  the  court,  twenty- 
five  cents. 

No  fees  shall  be  allowed  or  charged  by  the  clerk  for  services  rendered 
in  any  criminal  case. 

For  services  rendered  by  the  clerk,  not  in  connection  with  civil  actions 
or  proceedings  in  court,  he  shall  charge  and  collect,  for  the  benefit  of 
the  county,  the  following  fees: 

For  issuing  marriage  license,  one  half  to  be  paid  to  the  county 
recorder,  two  dollars. 

For  filing  and  indexing  articles  of  incorporation,  one  dollar. 

For  filing  and  indexing  certificates  of  copartnership,  one  dollar. 

For  filing  and  indexing  all  papers  to  be  kept  by  him,  other  than 
papers  filed  in  actions  or  proceedings  in  court,  and  official  bonds  and 
certificates  of  appointment,  each,  twenty-five  cents. 


—  24  — 

For  issuing  any  license  required  by  law,  other  than  marriage  licenses, 
one  dollar. 

For  examining  and  certifying  to  a  copy  of  any  paper,  record  or  pro- 
ceedings prepared  by  another,  and  presented  for  his  certificate,  fifty 
cents,  and  one  cent  per  folio  for  comparing  the  said  copy  with  the 
original. 

For  making  satisfaction  of  or  credit  on  judgment,  twenty-five  cents. 

For  receiving  and  filing  remittitur  from  supreme  court,  fifty  cents. 

For  administering  each  oath,  without  certificate,  except  in  a  pending 
action  or  proceeding,  ten  cents. 

For  taking  any  affidavit,  except  in  criminal  cases,  twenty-five  cents. 

For  taking  and  approving  each  undertaking,  and  the  justification 
thereof,  except  in  criminal  cases,  fifty  cents. 

For  searching  records  on  files,  for  each  year,  fifty  cents. 

For  taking  acknowledgment  of  any  deed  or  other  instrument,  includ- 
ing the  certificate,  fifty  cents. 

For  filing  notices  of  appeal  and  appeal  bonds,  each  twenty-five  cents. 

Section  eighteen  hundred  and  seventy-five  of  the  Political  Code  is  in 
violation  of  section  4,  article  IX  of  the  constitution,  and  should  be 
repealed. 

See  McCord  vs.  Slav  in,  143  Cal.  325. 

Sections  1868,  1869,  and  1870  of  the  Political  Code  are  penal  statutes 
entirely,  and  their  codification  is  suggested,  as  follows : 

Section  1868  as  section  422  of  the  Penal  Code;  section  1869  as  sec- 
tion 78  of  the  Penal  Code,  and  section  1870  as  section  79  of  the  Penal 
Code,  and  thereupon  all  of  said  sections,  that  is  to  say,  1867  to  1870 
inclusive  should  be  repealed. 

The  new  sections  read  as  follows : 

Section  1867  of  the  Political  Code  is  entirely  covered  by  the  provisions 
of  653&  of  the  Penal  Code,  and  should  be  repealed. 

422.  Any  person  who  shall  willfully  disturb  any  public  school,  or 
any  public  school  meeting,  shall  be  guilty  of  a  misdemeanor  and  be 
liable  to  a  fine  of  not  less  than  ten,  nor  more  than  one  hundred  dollars. 

Sec.  78.  Any  state,  county,  or  city  and  county  superintendent,  or  any 
state,  county,  or  city  and  county  board  of  education,  who  shall  issue 
a  certificate  or  diploma,  except  as  provided  by  law,  shall  be  guilty  of  a 
misdemeanor. 

Sec.  79.  Any  school  officer  or  member  of  any  board  of  education  or 
any  teacher  in  any  public  school  who  shall  act  as  agent  for  any  author, 
publisher,  bookseller,  or  other  person  to  introduce  any  book,  apparatus, 
furniture,  or  any  other  article  whatever,  into  the  common  schools  or  high 
schools  of  this  state,  or  any  one  or  more  of  them,  or  directly  or  indirectly 


—  25  — 

contracts  for,  or  receives  any  gift  or  reward  for  so  introducing  or  recom- 
mending the  same,  is  guilty  of  a  misdemeanor,  and  shall  be  removed 
from  office,  and  the  certificate  of  such  teacher  be  revoked. 

Section  1.     Section  eighteen  hundred  and  seventy-five  of  the  Political 
Code  is  hereby  repealed. 


26  — 


THE  FOLLOWING  AMENDMENTS  TO  THE  CIVIL  CODE  ARE 
RECOMMENDED  FOR  THE  REASONS  STATED  IN  THE 
ACCOMPANYING  NOTES. 

Section  1193  of  the  Civil  Code,  relating  to  certificates  of  acknowledg- 
ment by  officers,  is  amended  to  require  such  certificates  to  state  when 
the  term  of  office,  or  commission,  expires. 

The  amended  section  reads  as  follows : 

Sec.  1193.  Officers  taking  and  certifying  acknowledgments  or  proof 
of  instruments  for  record,  must  authenticate  their  certificates  by  afifijxing 
thereto  their  signatures,  followed  by  the  names  of  their  offices;  there 
must  also  be  written  or  printed  on  some  part  of  the  certificate  a  state- 
ment of  the  date  on  which  the  term  of  office,  or  commission,  of  the 
officer  expires.  Also,  their  seals  of  office,  if  by  the  laws  of  the  state  or 
country  where  the  acknowledgment  or  proof  is  taken,  or  by  authority  of 
which  they  are  acting,  they  are  required  to  have  official  seals. 

Section  599  of  the  Civil  Code  is  amended  to  permit  corporations  other 
than  for  profit  to  mortgage  and  sell  their  real  estate  without  an  order 
of  court. 

The  amended  section  reads  as  follows  : 

Sec.  599.  Corporations  now  organized  or  that  may  hereafter  be 
organized  for  purposes  other  than  profit,  may,  either  in  their  by-laws, 
ordinances,  constitutions,  or  articles  of  incorporation,  provide  for: 

1.  The  qualification  of  members,  mode  of  election  or  appointment,  and 
terms  of  admission  to  membership  ; 

2.  The  fees  of  admission  and  dues  to  be  paid  to  their  treasury  by 
members ; 

3.  The  number  of  persons  that  shall  constitute  a  quorum  at  any  meet- 
ing of  the  corporation,  and  that  an  election  of  officers  of  the  corporation 
by  a  meeting  so  constituted,  or  the  appointment  or  selection  of  such 
officers,  or  any  of  them,  in  any  manner  required  by  the  rules,  regula- 
tions, or  discipline  of  any  specified  religious  denomination,  society,  or 
church,  shall  be  as  valid  as  if  made  at  an  election  at  which  a  majority 
of  the  members  of  the  corporation  were  present  and  voted ; 

4.  The  expulsion  and  suspension  of  members  for  misconduct  or  non- 
payment of  dues,  also  for  restoration  to  membership  ; 

5.  A  special  method  of  organizing  the  board  of  directors,  and  a  special 
method  of  increasing  or  diminishing  the  numbei'  of  directors  within  the 
limits  as  to  number  prescribed  by  section  five  hundred  and  ninety-three 
of  this  code; 


—  27  — 

6.  Contracting,  securiDg,  paying,  and  limiting,  the  amount  of  their 
indebtedness ; 

7.  That  the  rules,  regulations,  or  discipline,  for  the  time  being,  of  any 
specified  religious  denomination,  society,  or  church,  shall  always  be  a 
part  of  their  by-laws,  ordinances,  constitutions,  or  articles  of  incor- 
poration ; 

8.  For  the  purchase  and  sale  of  real  estate  which  they  may  be  author- 
ized by  law  to  hold,  and  to  mortgage  and  hypothecate  the  same  to  secure 
fulfillment  of  its  obligations ; 

9.  Other  regulations  not  repugnant  to  the  constitution  or  laws  of  the 
state  and  consonant  with  the  objects  of  the  corporation. 

Sections  1)390  and  1393  of  the  Civil  Code  are  combined  as  section  1390, 
and  section  1391  and  1392  are  combined  as  section  1391. 

The  amended  sections  read  as  follows : 

Sec.  1390.  The  series  of  degrees  forms  the  line ;  the  series  of  degrees 
between  persons  who  descend 'from  one  another  is  called  direct  or  lineal 
consanguinity;  and  the  series  of  degrees  between  persons  who  do  not 
descend  from  one  another,  but  spring  from  a  common  ancestor,  is  called 
the  collateral  line  or  collateral  consanguinity.  In  the  collateral  line  the 
degrees  are  counted  by  generations,  from  one  of  the  relations  up  to 
the  common  ancestor,  and  from  the  common  ancestor  to  the  other 
relations.  In  such  computation  the  decedent  is  excluded,  the  relative 
included,  and  the  ancestor  counted  but  once.  Thus, .  brothers  are 
related  in  the  second  degree ;  uncle  and  nephew  in  the  third  degree ; 
cousins-german  in  the  fourth,  and  so  on. 

Sec.  1391.  The  direct  line  is  divided  into  a  direct  line  descending 
and  a  direct  line  ascending.  The  first  is  that  which  connects  the  ances- 
tors with  those  who  descend  from  him.  The  second  is  that  which  con- 
nects a  person  with  those  from  whom  he  descends.  In  the  direct  line 
there  are  as  many  degrees  as  there  are  generations.  Thus,  the  son  is, 
with  regard  to  the  father,  in  the  first  degree ;  the  grandson  in  the  second ; 
and  vice  versa  with  regard  to  father  and  grandfather  toward  the  sons 
and  grandsons. 

Section  1265  of  the  Civil  Code  is  amended  to  harmonize  with  section 
1474  of  the  Code  of  Civil  Procedure,  relating  to  the  same  subject- 
matter. 

The  amended  section  reads  as  follows : 
■  Sec.  1265.  From  and  after  the  time  the  declaration  is  filed  for 
record,  the  premises  therein  described  constitute  a  homestead.  If  the 
selection  was  made  by  a  married  person  from  the  community  property, 
or  from  the  separate  property  of  the  spouse  making  the  selection  or 
joining  therein,  the  land  so  selected  on  the  death  of  either  spouse,  vests 


—  28  — 

in  the  survivor,  subject  to  no  other  liability  than  such  as  exists  or  has 
been  created  under  the  provisions  of  this  title ;  in  other  cases,  upon  the 
death  of  the  person  whose  property  was  selected  as  a  homestead,  it  shall 
go  to  his  heirs  or  devisees,  subject  to  the  power  of  the  superior  court  to 
assign  the  same  for  a  limited  period  to  the  family  of  the  decedent ;  but 
in  no  case  shall  it  be  held  liable  for  the  debts  of  the  owner,  except  as 
provided  in  this  title. 

Section  3005  of  the  Civil  Code  is  ^mended  to  give  pledgee  right  to 
sell  pledged  property  without  foreclosure  proceedings. 
.    The  amended  section  reads  as  follows : 

Sec.  3005.  The  sale  by  a  pledgee,  of  property  pledged,  must  be  made 
by  public  auction,  in  the  manner  and  upon  the  notice  sale  of  personal 
property  under  execution. 

As  section  300a  of  the  Civil  Code  now  reads,  no  provision  is  made  for 
showing  change  of  name  of  record  in  any  county  where  copies  of  the 
original  article  or  copies  thereof  are  filed. 

The  proposed  amendment  includes  such  provision,  and  reads  -is 
follows : 

Sec.  300a.  Every  corporation  which  has  changed  its  name  under  the 
provisions  of  sections  one  thousand  two  hundred  and  seventy-five,  one 
thousand  two  hundred  and  seventy-six,  one  thousand  two  hundred  and 
seventy-seven,  one  thousand  two  hundred  and  seventy-eight,  and  one 
thousand  two  hundred  and  seventy-nine  of  the  Code  of  Civil  Procedure, 
must  file  in  the  office  of  secretary  of  state  and  in  the  office  of  the  county 
clerk  of  each  county  in  which  the  original  articles  or  certified  copies 
thereof  are  required  by  law  to  be  filed,  a  certified  copy  of  the  decree  of 
the  court  changing  such  name. 

Section  1386  of  the  Civil  Code,  relating  to  successions  of  property  of 
deceased  persons,  is  amended  by  striking  out  the  word  "issue"  in  the 
first  sentence  of  subdivision  eight  and  substituting  the  word  "heirs,"  in 
lieu  thereof. 

Sec.  1386.  When  any  person  having  title  to  any  estate  not  other- 
wise limited  by  marriage  contract,  dies  without  disposing  thereof  by 
Avill,  it  is  succeeded  to  and  must  be  distributed,  unless  otherwise 
expressly  provided  in  this  code  and  the  Code  of  Civil  Procedure,  sub- 
ject to  the  payment  of  his  debts,  in  the  following  manner : 

1.  If  the  decedent  leaves  a  surviving  husband  or  wife,  and  only  one 
(hild,  or  the  lawful  issue  of  one  child,  in  equal  shares  to  the  surviving 
husband,  or  wife  and  child,  or  issue  of  such  child.  If  the  decedent 
leaves  a  surviving  husband  or  wife,  and  more  than  one  child  living, 
or  one  child  living  and  the  lawful  issue  of  one  or  more  deceased  chil- 


—  29  — 

dren,  one  third  to  the  surviving-  husband  or  wife,  and  the  remainder 
in  equal  shares  to  his  children  and  to  the  lawful  issue  of  any  deceased 
child,  by  right  of  representation;  but  if  there  is  no  child  of  decedent 
living  at  his  death,  the  remainder  goes  to  all  of  his  lineal  descendants; 
and  if  all  of  the  descendants  are  in  the  same  degree  of  kindred  to  the 
decedent,  they  share  equally ;  otherwise,  they  take  according-  to  the 
right  of  representation.  If  the  decedent  leaves  no  surviving  husband 
or  wife,  but  leaves  issue,  the  whole  estate  gees  to  such  issue;  and  if 
such  issue  consists  of  more  than  one  child  living,  or  one  child  living 
and  the  lawful  issue  of  one  or  more  deceased  children,  then  the  estate 
go&s  in  equal  shares  to  the  children  living,  or  to  the  child  living  and 
the  issue  of  the  deceased  child  or  children  by  right  of  representation. 

2.  If  the  decedent  leaves  no  issue,  the  estate  goes  one  half  to  the 
surviving  husband  or  wife,  and  the  other  half  to  the  decedent's  father 
and  mother  in  etjual  shares,  and  if  either  is  dead -the  whole  of  said 
half  goes  to  the  other.  If  there  is  no  father  or  mother,  then  one  half 
goes  in  equal  shares  to  the  brothers  and  sisters,  of  decedent  and  to 
the  children  or  grandchildren  of  any  deceased  brother  or  sister  by 
right  of  representation.  If  the  decedent  leaves  no  issue,  nor  hasband 
nor  wife,  the  estate  must  go  to  his  father  and  mother  in  equal  shares, 
or  if  either  is  dead  then  to  the  other. 

3.  If  there  is  neither  issue,  husband,  wife,  father,  nor  mother  then 
in  ecpial  shares  to  the  brothers  and  sisters  of  decedent  and  to  the 
children  or  grandchildren  of  any  deceased  brother  or  sister,  by  right  of 
representation. 

4.  If  the  decedent  leaves  a  surviving  husband  or  wife,  and  neither 
issue,  father,  mother,  brother,  sister,  nor  the  children  or  grandchildren 
of  a  deceased  brother  or  sister,  the  whole  estate  goes  to  the  surviving 
hiLsband  or  wife. 

5.  If  the  decedent  leaves  neither  issue,  husband,  wife,  father,  mother, 
brother,  nor  sister,  the  estate  must  go  to  the  next  of  kin,  in  equal  degree, 
excepting  that,  when  there  are  two  or  more  collateral  kindred,  in  equal 
degree,  but  claiming  through  different  ancestors,  those  who  claim 
through  the  nearest  ancestor  must  be  preferred  to  those  claiming 
through  an  ancestor  more  remote. 

6.  If  the  decedent  leaves  several  children,  or  one  child  and  the  issue 
of  one  or  more  children,  and  any  such  surviving  child  dies  under  age 
and  not  having  been  married,  all  the  estate  that  came  to  the  deceased 
child  by  inheritance  frona  such  decedent  descends  in.  equal  shares  to 
the  other  children  of  the  same  parent  and  to  the  issue  of  any  such 
other  children  who  are  dead,  by  right  of  representation. 

7.  If,  at  the  death  of  such  child,  who  dies  under  age,  not  having 
been  married,  all  the  other  children  of  his  parents  are  also  dead,  and 
anv  of  them   has   left   issue,   the   estate   that   came  to   such   child   bv 


—  30  — 

inheritance  from  his  parent  descends  to  the  issue  of  all  other  children 
of  the  same  parent ;  and  if  all  the  issue  are  in  the  same  degree  of  kin- 
dred to  the  child,  they  share  the  estate  equally,  otherwise  they  take 
according  to  the  right  of  representation. 

8.  If  the  deceased  is  a  widow,  or  widower,  and  leaves  no  heir,  and 
the  estate,  or  any  portion  thereof,  was  common  property  of  such 
decedent  and  his  or  her  deceased  spouse,  while  such  spouse  was  living, 
such  property  goes  in  equal  shares  to  the  children  of  such  deceased 
spouse  and  to  the  descendants  of  such  children  by  right  of  representa- 
tion, and  if  none,  then  one  half  of  su^jli  common  property  goes  to  the 
father  and  mother  of  such  decedent  in  equal  shares,  or  to  the  survivor 
of  them  if  either, be  dead,  or  if  both  be  dead,  then  in  equal  shares  to 
the  brothers  and  sisters  of  such  decedent  and  to  the  descendants  of 
any  deceased  brother  or  sister  by  right  of  representation,  and  the 
other  half  goes  to  the  father  and  mother  of  such  deceased  spouse  in 
equal  shares,  or  to  the  survivor  of  them  if  either  be  dead,  or  if  both 
be  dead,  then  in  equal  shares  to  the  brothers  and  sisters  of  such 
deceased  spouse  and  to  the  descendants  of  any  deceased  brother  or 
sister  by  right  of  representation. 

If  the  estate,  or  any  portion  thereof,  was  separate  property  of.  such 
deceased  spouse,  while  living,  and  came  to  such  decedent  from  such 
spouse  by  descent,  devise,  or  bequest,  such  property  goes  in  equal 
shares  to  the  children  of  such  spouse  and  to  the  descendants  of  any 
deceased  child  by  right  of  representation,  and  if  none,  then  to  the 
father  and  mother  of  such  spouse,  in  equal  shares,  or  to  the  survivor 
of  them  if  either  be  dead,  or  if  both  be  dead,  then  in  equal  shares  to 
the  brothers  and  sisters  of  such  spouse  and  to  the  descendants  of  any 
deceased  brother  or  sister  by  right  of  representation. 

9.  If  the  decedent  leaves  no  hiLsband,  wife,  or  kindred,  and  there  are 
no  heirs  to  take  his  estate  or  any  portion  thereof,  under  subdivision 
eight  of  this  section,  the  same  escheats  to  the  state  for  the  support  of 
the  common  schools. 

It  is  recommended  that  section  598  of  the  Civil  Code,  requiring 
religious  societies  and  benevolent  corporations  to  obtain  an  order  of 
court  to  mortgage  or  sell  the  real  property  belonging  to  them,  be 
repealed,  giving  such  corporations  the  right  to  mortgage  and  convey 
their  real  estate  the  same  as  other  corporations. 


31  — 


THE  FOLLOWING  AMENDMENTS  TO  THE  CODE  OF  CIVIL 
PROCEDURE  ARE  RECOMMENDED  FOR  THE  REASONS 
STATED  IN  THE  ACCOMPANYING  NOTES. 

Section  692  of  the  Code  of  Civil  Procedure,  relating  to  notice  of  sale 
under  execution,  is  amended  to  read  as  follows : 

Sec.  692.  Before  the  sale  of  i)roperty  on  execution,  notice  thereof 
must  be  given  as  follows : 

1.  In  case  of  perishable  property :  by  posting  notice  of  the  time  and 
place  of  sale  in  three  public  places  of  the  township  or  city  where  the 
sale  is  to  take  place,  for  such  time  as  may  be  reasonable,  considering 
the  character  and  condition  of  the  property,  and  at  the  same  time  filing 
a  copy  thereof  with  the  clerk  of  the  court  from  w^hich  the  execution 
was  issued. 

2.  In  case  of  other  personal  property :  by  posting  a  similar  notice  in 
three  public  places  in  the  township  or  city  where  the  sale  is  .to  take 
place,  for  not  less  than  five  nor  more  than  ten  days,  and  at  the  same 
time  filing  a  copy  thereof  with  tlie  clerk  of  the  court  from  which  the 
execution  was  issued. 

3.  In  case  of  real  property :  by  posting  a  similar  notice,  particularly 
describing  the  property,  for  twenty  days,  in  three  public  places  of  the 
township  or  city  where  the  property  is  situated,  and  also  where  the 
property  is  to  be  sold,  and  publishing  a  copy  thereof  once  a  week  for 
the  same  period,  in  some  newspaper  published  in  the  county,  if  there 
be  one,  and  at  the  same  time  filing  a  copy  thereof  with  the  clerk  of  the 
court  from  which  the  execution  was  issued. 

4.  When  the  judgment  under  which  the  property  is  to  be  sold  is 
made  payable  in  a  specified  kind  of  money  or  currency,  the  several 
notices  required  by  this  section  must  state  the  kind  of  money  or  cur- 
rency in  which  bids  may  be  made  at  such  sale,  which  must  be  the  same 
as  that  specified  in  the  judgment,  and  at  the  same  time  filing  a  copy 
thereof  with  the  clerk  of  the  court  from  which  the  execution  was  issued. 

Section  553  of  the  Code  of  Civil  Procedure  contains  a  clerical  error 
in  referring  to  section" 537,  which  is  corrected  by  the  following  amend- 
ment. 

The  amended  section  reads  as  follows: 

Sec.  553.  If  the  defendant  recovers  judgment  against  the  plaintiff, 
and  no  appeal  is  perfected  and  undertaking  to  continue  the  attachment 
in  force  as  provided  in  section  946  of  this  code,  any  undertaking 
received  in  the  action,  all  the  proceeds  of  sales  and  money  collected  by 


—  32  — 

the  sheriff,  and  all  the  property  attached  remaining  in  the  sheriff's 
hands,  must  be  delivered  to  the  defendant  or  his  agent,  the  order  of 
attachment  be  discharged,  and  the  property  released  therefrom. 

Section  1469  of  the  Code  of  Civil  Procedure  was  evidently  intended 
to  prevent  the  family  of  a  deceased  person  from  being  left  entirely 
without  means  of  support.  As  the  section  now  stands,  if  the  estate  is 
valued  at  more  than  .^1,500,  it  is  subject  to  the  debts  of  the  deceased, 
although  such  debts  may  ec^ual  or  exceed  the  value  of  the  estate.  To 
meet  this  manifest  injustice  an  amendment  is  suggested  by  which  the 
estate  will  be  set  over  to  the  surviving  widow  when  the  net  value  of  the 
estate  does  not  exceed  the  sum  of  $1,500. 

The  section  as  amended  reads  as  follows : 

Sec,  1469.  If,  upon  the  return  of  the  inventory  of  the  estate  of  a 
deceased  person,  and  after  the  expiration  of  the  time  for  filing  claims, 
it  shall  appear  therefrom  that  the  value  of  the  whole  estate  does  not 
exceed  the  sum  of  fifteen  hundred  dollars  net,  and.  if  there  be  a  widow 
or  minor  children  of  the  deceased,  the  court,  or  a  judge  thereof,  shall, 
by  order,  require  all  persons  interested  to  appear  on  a  day  fixed  to 
show  cause  why  the  whole  of  said  estate  should  not  be  assigned  to  the 
widow  or  minor  children  of  the  deceased,  as  hereinafter  provided. 
Notice  thereof  shall  be  given  and  proceedings  had  in  the  same  manner 
as  provided  in  sections  one  thousand  six  hundred  and  thirty-three,  one 
thousand  six  hundred  and  thirty-five,  and  one  thousand  six  hundred  and 
thirty-eight  of  this  code.  If,  upon  the  hearing,  the  court  finds  that  the 
net  value  of  the  estate  over  and  above  all  claims  and  incumbrances, 
does  not  exceed  the  sum  of  fifteen  hundred  dollars,  it  shall,  by  decree 
for  that  purpose,  assign  to  the  widow  of  the  deceased,  if  there  be  a 
widow,  if  no  widow,  then  to  the  minor  children  of  the  deceased,  if  there 
be  minor  children,  the  whole  of  the  estate,  subject  to  whatever  mort- 
gages, liens  or  incumbrances  there  may  be  upon  said  estate  at  the  time 
of  the  death  of  the  deceased,  after  the  payment  of  the  expenses  of  the 
last  illness  of  the  deceased,  funeral  charges,  and  expenses  of  adminis- 
tration, and  the  title  thereof  shall  vest  absolutely  in  such  assignees, 
and  there  must  be.no  further  proceedings  in  the  administration,  unless 
further  estate  be  discovered. 

Section  1991  of  the  Code  of  Civil  Procedure,  is  amended  to  enlarge 
the  powers  of  the  court  to  punish  disobedience  to  a  subpoena,  or  a 
refusal  to  be  sworn,  or  to  answer  as  a  witness,  in  giving  a  deposition 
before  a  notary  public. 

The  amended  section  reads  as  follows : 

Sec.  1991.  Disobedience  to  a  subpoena,  or  a  refusal  to  be  sworn,  or 
to  answer  as  a  witness,  or  to  subscribe  an  affidavit  or  deposition  when 


—  33  — 

required,  may  be  punished  as  a  contempt  by  the  court  or  officer  issuing 
the  subpoena  or  requiring  the  witness  to  be  sworn;  and  if  the  witness 
be  a  party,  his  complaint  or  answer  may  be  stricken  out. 

The  witness  shall  not  be  punished  for  contempt,  except  upon  order 
of  the  court  issuing  the  subpoena  to  appear  at  a  time  and  place  named 
in  such  order,  and  show  cause  wliy  he  should  not  be  punished  for  such 
disobedience. 

Section  1194  of  the  Code  of  Civil  Procedure  is  amended  to  conform 
to  the  construction  given  this  section  by  the  supreme  court  in  MiUimor 
vs.  Nofziger  Bros.  Lnmher  Co.,  150  Cal.  790. 

The  amended  section  reads  as  follows: 

Sec.  1194.  In  every  case  in  which  dift'erent  liens  are  as:-erted 
against  any  property,  the  court  in  the  judgment  must  declare  the  rank 
of  each  lien,  or  class  of  liens,  which  shall  be  in  the  following  order,  viz. : 

1.  Mechanics,  material  men,  artisans,  and  laborers  of  every  class. 

2.  Subcontractors. 

3.  Original  contractors. 

And  the  proceeds  of  the  sale  of  the  property  must  be  applied  to  each 
lien  or  class  of  liens  in  the  order  of  its  rank ;  and  whenever,  in  the  sale 
of  the  property  subject  to  the  lien,  there  is  a  deficiency  of  proceeds, 
judgment  may  be  docketed  for  the  deficiency  in  like  manner  with  like 
effect  as  in  actions  for  the  foreclosure  of  mortgages. 

Section  1034  of  the  Code  of  Civil  Procedure,  relating  to  the  taxa- 
tion of  costs  in  appellate  courts,  is  amended  to  provide  for  the  service 
of  a  bill  of  costs  on  appeal,  and  for  the  taxation  of  such  costs  to  meet 
the  difficulties  suggested  by  the  supreme  court.  See  Bell  vs.  Superior 
Court,  150  Cal.  131. 

The  amended  section  reads  as  follows : 

Sec.  1034.  Whenever  costs  are  awarded  to  a  party  by  an  appellate 
court,  if  he  claims  such  costs,  hie  must,  within  thirty  (30)  days  after 
the  remittitur  is  filed  with  the  clerk  of  the  trial  court,  deliver  to  such 
clerk  and  serve  upon  the  adverse  party,  a  memorandum  of  the  items  of 
his  costs  and  necessary  disbursements  on  the  appeal,  which  memoran- 
diun  must  be  verified  by  the  oath  of  the  party,  or  his  attorney  or  agent, 
or  by  the  clerk  of  his  attorney,  stating  that  to  the  best  of  his  knowledge 
and  belief  the  items  are  correct  and  that  the  disbursements  have  been 
necessarily  incurred  on  the  appeal.  A  party  dissati.sfied  with  the 
costs  claimed,  may,  within  five  (5)  days  after  service  of  the  bill  of 
costs  upon  him,  serve  upon  the  party  claiming  such  costs  and  file  with 
the  clerk  of  the  trial  court,  notice  of  a  motion  to  have  the  costs  taxed 
by  such  court.  Wlien  the  costs  shall  have  been  taxed,  or,  if  no  notice 
of  a  motion  tO'  tax  is  given  within  said  five  (5)  days,  then,  after  the 
3— GL 


—  34  — 

expiration  of  sucli  five  (5)   days,  the  party  to  whom  costs  have  been 
awarded  may  have  an  execution  therefor  as  upon  a  judgment. 

Section  339  of  the  Code  of  Civil  Procedure  is  amended  by  striking 
from  subdivision  one  thereof  the  last  clause,  "In  an  action  founded 
upon  an  instrument  in  writing  executed  out  of  the  state." 

The  amended  section  reads  as  follows : 

Sec.  337.  1.  An  action  upon  any  contract,  obligation,  or  liability 
founded  upon  an  instrument  in  writing;  provided,  that  wherever  the 
time  within  which  any  such  action  must  be  so  commenced  would  in  any 
case  expire  by  the  terms  of  this  section  after  the  first  day  of  June, 
one  thousand  nine  hundred  and  six  and  before  the  first  day  of  January, 
one  thousand  nine  hundred  and  seven,  such  action  may  be  commenced 
at  any  time  before  the  first  day  of  January,  one  thousand  nine  hundred 
and  seven,  with  the  same  force  and  effect  as  if  commenced  within 
four  years  as  in  this  section  provided. 

2.  An  action  to  recover  a  balance  due  upon  a  mutual  open  and  cur- 
rent account  or  upon  an  open  book  account. 

See.  339.  1.  An  action  upon  a  contract,  obligation,  or  liability  not 
founded  upon  an  instrument  of  writing,  other  than  that  mentioned  in 
sul)division  two  of  section  three  hundred  and  thirty-seven  of  this  code. 

2.  An  action  against  a  sheriff,  coroner,  or  constable  upon  a  liability 
incurred  by  the  doing  of  an  act  in  his  official  capacity  and  in  virtue  of 
his  office,  or  by  .the  omission  of  an  official  duty,  including  the  non- 
payment of  money  collected  upon  an  execution.  But  this  subdivision 
does  not  apply  to  an  action  for  an  escape. 

Section.  199  of  the  Code  of  Civil  Procedure,  relating  to  the  compe- 
tency of  jurors,  is  amended  to  eliminate  a  clerical  error  in  subdivision 
three  thereof,  which  refers  to  section  203  (there  being  no  such  num- 
bered section)   instead  of  section  200. 

The  amended  section  reads  as  follows : 

Sec.  199.     A  person  is  not  competent  to  act  as  a  juror : 

1.  Who  does  not  possess  the  qualifications  prescribed  by  the  preced- 
ing section; 

2.  Who  has  been  convicted  of  malfeasance  in  office  or  any  felony  or 
other  high  crime ;  or, 

3.  Who  has  been  discharged  as  a  juror  by  Q.ny  court  of  record  in 
this  state  within  a  year,  as  provided  in  section  two  hundred  of  this 
code,  or  who  has  been  drawn  as  a  grand  juror  in  any  such  court  and 
served  as  such  within  a  year  and  been  discharged. 

4.  A  person  who  is  serving  as  a  grand  juror  iii  any  court  of  record 
in  this  state  is  not  competent  to  act  as  a  trial  juror  in  any  such-  court. 


—  35  — 

And  a  person  who  is  serving  as  a  trial  juror  in  any  court  of  this 
state  is  not  competent  to  act  as  a  grand  juror  in  any  such  court. 

Section  850  of  the  Code  of  Civil  Procedure  makes  no  provision  for 
serving  a  notice  of  trial  by  mail  when  the  party  has  not  appeared  by 
attorney. 

The  amended  section  contains  such  provision,  and  reads  as  f oIIowts  : 

850.  Notice  of  hearing.  When  all  the  parties  served  with  process 
shall  have  appeared,  or  some  of  them  have  appeared,  and  the  remaining 
defendants  have  made  default,  the  justice  must  fix  the  day  for  the  trial 
of  said  cause,  whether  the  issue  is  one  of  law  or  fact,  and  give  notice 
thereof  to  the  parties  to  the  action  who  have  appeared,  but  in  case  any  of 
the  parties  are  represented  by  an  attorney,  then  to  such  attorney.  Such 
notice  shall  be  in  writing,  signed  by  the  justice,  and  substantially  in 
the  following  form  (filling  blanks  according  to  the  facts)  : 

In  the  justice  court,    township    (or  city,  or  city  and 

county),  county,  or  city  and  county  of ,  State  of  California, 

,  plaintiff,  vs ,  defendant.  To , 

plaintiff,  or ,  attorney  for  plaintiff,  and  to , 

defendant,  or ,  attorney  for  defendant. 

You  and  each  of  you  will  please  take  notice  that  the  undersigned  jus- 
tice of  the  peace  before  whom  the  above-entitled  cause  is  pending,  has 

set  for  hearing  the  demurrer  of ,  filed  in  said  cause  (or  has 

set  the  said  cause  for  trial,  as  the  case  may  be),  before  me  at  my  office 
in  said  township  (or  city,  or  city  and  county),  at  ....  o'clock  ....  m., 
on  the day  of ,  19 ... . 

Dated  this day  of ,19 

(Signed)    , , 

Justice  of  the  Peace. 

Said  notice  shall  be  served  by  mail  or  personally.  When  served  by 
mail  the  justice  of  the  peace  shall  deposit  copies  thereof  in  a  sealed 
envelope  in  the  post  office  at  least  ten  days  before  the  trial  or  hearing 
addressed  to  each  of  the  persons  on  whom  it  is  to  be  served  at  their  place 
of  residence  and  the  postage  prepaid  thereon ;  provided,  that  such  notice 
shall  be  served  by  mail  only  when  the  person  on  whom  service  is  to  be 
made,  resides  out  of  the  county  in  which  said  justice 's  court  is  situated,  or  . 
is  absent  therefrom.  When  personally  served  said  notice  shall  be  served 
at  least  five  days  before  the  trial  or  hearing  on  the  persons  on  whom  it  is 
to  be  served  by  any  person  competent  and  qualified  to  serve  a  summons 
in  a  justice's  court,  and  when  personally  served  it  shall  be  served 
returned  and  filed  in  like  manner  as  a  summons.  The  judge  shall  enter 
on  his  docket  the  date  of  trial  or  hearing;  and  when  such  notice  shall 
have  been  served  by  mail  tlie  justice  shall  enter  on  his  docket  the  date  of 


—  36  — 

mailing  such  notice,  of  trial  or  hearing  and  such  entry  shall  be  prima 
facie  evidence  of  the  fact  of  such  service.  The  parties  are  entitled  to 
one  hour  in  which  to  appear  after  the  time  fixed  in  said  notice,  but  are 
not  bound  to  remain  longer  than  that  time  unless  both  parties  have 
appeared  and  the  justice  being  present  is  engaged  in  the  trial  of  another 
cause. 

It  is  recommended  that  section  twenty  hundred  and  twenty  of  the 
Code  of  Civil  Procedure,  relating  to  taking  testimonj^  of  a  witness  out  of 
the  state,  be  amended  to  provide  for  taking  depositions  in  default  cases. 

The  amended  section  reads  as  follows : 

Sec.  2020.  The  testimony  of  a  witness  out  of  this  state  ma^"  be  taken 
by  deposition  in  the  following  cases : 

1.  In  an  action,  at  any  time  after  the  service  of  summons,  or  the 
appearance  of  the  defendant. 

2.  In  a  special  proceeding,  any  time  after  a  question  of  fact  as  arisen 
therein. 

3.  Where  default  has  been  made  by  any  or  all  of  the  defendants. 

Section  1327  of  the  Code  of  Civil  Procedure,  relating  to  the  contest 
of  wills  or  the  probate  thereof,  is  amended  to  permit  any  person  to  con- 
test the  validity  of  a  will  at  any  time  before  final  distribution.  As  the 
section  now  stands  such  contest  may  be  commenced  at  any  time  within 
one  year  after  the  will  is  admitted  to  probate,  and  in  cases  of  small 
estates,  the  estate  is  distributed  before  the  time  has  expired  for  contest- 
ing the  will. 

The  section  as  amended  reads  as  follows : 

Sec.  1327.  When  a  will  has  been  admitted  to  probate,  any  person 
interested  may,  at  any  time  before  final  distribution,  contest  the  same 
or  the  validity  of  the  will.  For  that  purpose  he  must  file  in  the  court 
in  which  the  will  was  proved,  a  petition  in  writing,  containing  his  allega- 
tions against  the  validity  of  the  will  or  against  the  sufficiency  of  the 
proof,  and  praying  that  the  probate  may  be  revoked. 

Section  2024  of  the  Code  of  Civil  Procedure,  relating  to  the  taking 
of  depositions  out  of  this  state,  is  amended  by  providing  that  such  depo- 
sitions may  be  taken  before  a  notary  public. 

The  amended  section  reads  as  follows : 

Sec.  2024.  The  deposition  of  a  witness  out  of  this  state  may  be  taken 
upon  a  commission  issued  from  the  court  under  the  seal  of  the  court, 
upon  an  order  of  the  court,  or  a  judge  or  a  justice  thereof,  on  the  appli- 
cation of  either  party,  upon  five  days'  previous  notice  to  the  other.  If 
the  court  is  a  justice's  court,  the  commission  must  have  attached  to  it 
a  certificate  of  the  clerk  of  the  superior  court  of  the  county  in  which 


—  37  — 

such  justice's  court  is  held,  under  the  seal  of  such  superior  court,  to  the 
effect  that  the  person  issuing  the  same  was  an  acting  justice  of  the  peace 
at  the  date  of  the  commission.  If  issued  to  any  place  within  the  United 
States,  it  may  be  directed  to  a  person  agreed  upon  by  the  parties,  or  if 
they  do  not  agree,  to  any  judge,  notary  public,  or  justice  of  the  peace 
or  commissioner  selected  by  the  court  or  judge  or  justice  issuing  it.  If 
issued  to  any  country  out  of  the  United  States,  it  may  be  directed  to 
a  minister,  ambassador,  consul,  vice-consul,  or  consular  agent  of  the 
United  States  in  such  country,  or  to  any  person  agreed  upon  by  the 
parties. 

Section  1723  of  the  Code  of  Civil  Procedure  is  amended  to  include 
' '  joint  tenancy. ' ' 

The  amended  section  reads  as  follows : 

See.  1723.  If  any  person  die  who,  at  the  time  of  his  death,  was 
the  owner  of  a  life  estate  which  terminates  by  reason  of  the  death  of 
such  person;  or  if  such  person  at  the  time  of  his  death  was  one  of  the 
spouses  owning  lands  as  a  homestead,  which  lands  by  reason  of  the 
death  of  such  person,  vested  in  the  surviving  spouse ;  or  if  such  person 
was  a  married  woman  who  at  the  time  of  her  death  was  the  owner  of 
community  property  which  passed  upon  her  death  to  the  surviving  hus- 
band ;  or  if  such  person  was  the  owner  of  property  as  joint  tenant,  which 
upon  his  death  passed  to  the  survivors  of  such  joint  tenancy,  any  per- 
son interested  in  the  property,  or  in  the  title  thereto,  in  which  such 
estates  or  interests  w^ere  held,  may  file  in  the  superior  court  of  the 
county  in  which  the  property  is  situated,  his  verified  petition  setting 
forth  such  facts,  and  thereupon  and  after  such  notice  by  publication  or 
otherwise,  as  the  court  may  order,  the  court  shall  hear  such  petition, 
and  the  evidence  offered  in  support  thereof,  and  if  upon  such  hearing 
it  shall  appear  that  such  life  estate  of  such  deceased  person  absolutely 
terminated  by  reason  of  his  death,  or  such  homestead  or  community 
property  vested  in  the  survivor'  of  such  marriage,  or  if  the  property 
held  as  such  joint  tenant  passed  to  the  survivor,  the  court  shall  make  a 
decree  to  that  eft"ect,  and  thereupon  a  certified  copy  of  such  decree  may 
be  recorded  in  the  office  of  the  county  recorder,  and  thereafter  shall 
have  the  same  effect  as  a  final  decree  of  distribution  so  recorded. 

Section  1774a  of  the  Code  of  Civil  Procedure,  relating  to  the  settle- 
ment of  accounts  of  guardians,  is  amended  to  provide  for  the  settlement 
of  accounts  of  a  deceased  guardian  by  his  personal  representatives. 

The  section  as  amended  reads  as  follows : 

Sec.  1774a.  The  guardian  must  upon  the  expiration  of  a  j^ear  from 
the  time  of  his  appointment  and  as  often  thereafter  as  he  may  be 
required,  present  his  account  to  the  court  for  settlement  and  allowance; 


—  38  — 

provided,  that  no  final  account  of  the  guardian  of  any  insane  person, 
Avho  is  or  has  been  during  such  guardianship  confined  in  a  state  hospital 
in  this  state,  shall  be  settled  or  allowed  unless  notice  of  the  settlement 
of  said  account  shall  have  been  first  given  to  the  secretary  of  the  state 
commission  in  lunacy.  If  any  guardian  die,  his  accounts  may  be  pre- 
sented by  his  personal  representatives  to,  and  settled  bj^,  the  court,  and, 
upon  the  petition  of  the  successor  of  such  deceased  guardian,  the  court 
may  compel  the  personal  representatives  of  such  deceased  guardian  to 
render  an  account  of  the  administration  of  their  testator  or  intestate, 
and  must  settle  such  accounts  as  in  other  cases. 

It  is  recommended  that  section  705,  Code  of  Civil  Procedure,  be 
amended  by  adding  after  the  word  ' '  sheriff, ' '  the  following :  ' '  Making 
the  sale  or  his  successor  in  office. ' ' 

The  amended  section  reads  as  follows : 

Sec.  705.  A  redemptioner  must  produce  to  the  officer  or  person 
from  whom  he  seeks  to  redeem  and  serve  with  his  notice  to  the  sheriff 
making  the  sale,  or  his  successor  in  office : 

1.  A  copy  of  the  docket  of  the  judgment  under  which  he  claims  the 
right  to  redeem,  certified  by  the  clerk  of  the  court,  or  of  the  county 
where  the  judgment  is  docketed;  or,  if  he  redeem  upon  a  mortgage  or 
other  lien,  a  note  of  the  record  thereof,  certified  by  the  recorder. 

2.  A  copy  of  any  assignment  necessary  to  establish  his  claim,  verified 
by  an  affidavit  if  himself,  or  of  a  subscribing  witness  thereto ; 

3.  An  affidavit  by  himself  or  his  .agent,  showing  the  amount  then 
actually  due  on  the  lien. 

As  section  1678  of  the  Code  of  Civil  Procedure  now  reads,  it  makes 
no  provision  for  distributing  personal  property  to  the  assignee  of  the 
heirs,  legatees,  or  devisees. 

The  amended  section  makes  such  provision,  and  reads  as  follows : 
Sec.  1678.  Partition  or  distribution  of  the  estate  may  be  made  as 
provided  in  this  chapter,  although  some  of  the  original  heirs,  legatees, 
or  devisees  may  have  conveyed  their  shares  to  other  persons,  and  such 
shares  must  be  assigned  to  the  person  holding  the  same,  in  the  same 
manner  as  they  otherwise  would  have  been  to  such  heirs,  legatees,  or 
devisees. 

Section  422  of  the  Code  of  Civil  Procedure  is  amended  to  provide  for 
issue  and  service  of  summons  on  cross-complaint. 

See  Hihernia  Savings  and  Loan  Society  vs.  Clarke,  110  Cal.  27. 

Sec.  422.  "Whenever  the  defendant  seeks  affirmative  relief  against 
any  party  to  the  action,  relating  to  or  depending  upon  the  contract  or 
transaction  upon  Avhich  the  action  is  brought,  or  affecting  the  property 


1 


—  39  — 

to  which  the  action  ]*ehites,  he  may,  in  addition  to  liis  answer,  file  at 
the  same  time,  or  by  permission  of  the  co'nrt  subsequently^,  a  cross- 
complaint.  The  cross-complaint  must  be  served  upon  the  parties 
affected  thereby,  and  such  parties  may  demur  or  answer  thereto  as 
the  original  complaint.  If  any  of  the  parties  affected  by  the  cross- 
complaint  have  not  appeared  in  the  action,  a  summons  upon  the  cross- 
complaint  must  be  issued  and  served  upon  them  the  same  manner 
as  upon  the  commencement  of  an  original  action. 

Sec.  692.  Before  the  sale  of  property  on  execution,  notice  thereof 
must  be  given  as  follows : 

1.  In  case  of  perishable  property :  by  posting  notice  of  the  time  and 
place  of  sale  in  three  public  places  of  the  township  or  city  where  the 
sale  is  to  take,  place,  for  such  tune  as  may  be  reasonable,  considering  the 
character  and  condition  of  the  property,  and  at  the  same  time  filing  a 
copy  thereof  with,  the  clerk  of  the  court  from  which  the  execution  was 
issued. 

2.  In  case  of  other  personal  property:  by  posting  a  similar  notice  in 
three  public  places  in  the  township  or  city  ^Yhere  the  sale  is  to  take 
place,  for  not  less  than  five  nor  more  than  ten  days,  and  at  the  same 
time  filing  a  copy  thereof  with  the  clerk  of  the  court  from  which  the 
execution  was  issued. 

3.  In  case  of  real  property :  by  posting  a  similar  notice,  particularly 
describing  the  property,  for  twenty  days,  in  three  public  places  of  the 
township  or  city  where  the  property  is  situated,  and  also  where  the 
property  is  to  be  sold,  and  publishing  a  copy  thereof  once  a  week  for 
the  same  period,  in  some  newspaper  published  in  the  county,  if  there 
be  one,  and  at  the  same  time  filing  a  copy  thereof  with  the  clerk  of  the 
court  from  which  the  execution  was  issued. 

4.  When  the  judgment  under  which  the  property  is  to  be  sold  is  made 
payable  in  a  specified  kind  of  money  or  currency,  the  several  notice 
required  by  this  section  must  state  the  kind  of  money  or  currency  in 
which  bids  may  be  made  at  such  sale,  w^hich  must  be  the  same  as  that 
specified  in  the  judgment,  and  at  the  same  time  filing  a  copy  thereof 
with  the  clerk  of  the  court  from  which  the  execution  was  issued. 

The  act  of  1873-4  (Statutes  1873-4,  page  132),  relating  to  the  collec- 
tion of  money  belonging  to  estates  of  deceased  persons,  and  on  deposit 
in  banks,  is  codified  as  section  1454  of  the  Code  of  Civil  Procedure. 

The  new  section  reads  as  follows : 

Sec.  1454.  The  surviving  husband  or  wife  of  any  deceased  person, 
or  if  no  hiLsband  or  wife  be  living,  then  the  next  of  kin  of  such  decedent, 
may,  without  procuring  letters  of  administration,  collect  from  any  bank 
any  sum  which  said  deceased  may  have  had  on  deposit  in  such  bank  at 


—  40  — 

tlie  time  of  his  or  her  death ;  provided,  said  deposit  shall  not  exceed  the 
sum  of  five  hundred  dollars.  Any  bank,  upon  receiving  an  affidavit 
stating  that  said  depositor  is  dead,  and  that  affiant  is  the  surviving  hus- 
band or  wife,  as  the  case  may  be,  or  stating  that  said  decedent  left 
no  husband  or  wife,  and  that  affiants  are  the  next  of  kin  of  said 
decedent,  and  entitled  to  distribution  of  his  or  her  estate,  and  that 
the  estate  of  said  decedent  consists  wholly  of  personally  property  of  a 
^•alue  less  than  fifteen  hundred  dollars,  and  stating  of  what  said  estate 
consists,  and  that  the  whole  amount  that  decedent  left  on  deposit  in 
any  and  all  banks  of  deposit  in  this  state  does  not  exceed  the  sum  of 
five  hundred  dollars,  and  give  an  undertaking  to  the  people  of  the  State 
of  California,  that  such  heirs  will  restore  said  moneys  to  any  person 
lawfully  claiming  the  same,  may  pay  to  said  affiant  any  deposit  of 
said  decedent,  if  the  same,  together  with  deposits  in  other  banks,  does 
not  exceed  the  sum  of  five  hundred  dollars,  and  the  receipt  of  such 
affiant  shall  be  a  sufficient  accpiittance  therefor. 

The  present  procedure  for  filing  claims  against  estates  of  deceased 
persons  is  generally  unsatisfactory  for  many  reasons,  among  which  are 
the  following : 

1.  There  is  no  provision  by  which  a  record  is  made  of  when  the  claim 
is  presented. 

2.  The  claim  being  presented  to  the  administrator  in  person,  or  to  his 
attorne}^,  is  sometimes  lost,  causing  dispute  as  to  when  the  actual  pre- 
sentation took  place. 

3.  The  administrator  is  required,  immediately  upon  his  appointment, 
to  give  notice  to  the  creditors  and  state  the  time  within  which  the  claims 
shall  be  presented,  and  bj'  section  1491,  the  time  of  presenting  claims 
depends  whether  the  estate  exceeds  in  value  the  sum  of  ten  thousand 
dollars.  If  the  estate  should  be  estimated  by  the  administrator  to  be 
worth  eleven  thousand  dollars,  and  he  had  published  notice  accordingly, 
and  the  inventory  and  appraisement  would  show  a  value  of  only  nine 
thousand  dollars,  there  is  no  provision  by  which  the  notice  could  be 
changed. 

To  eliminate  these  and  other  defects,  I  have  recommended  a  pro- 
cedure by  which  the  claims  shall  be  filed  with  the  county  clerk,  and 
the  statute  of  limitation  begins  from  that  time. 

Sec.  1490.  Every  executor  or  administrator  must,  immediately  after 
his  letters  are  issued,  cause  to  be  published  in  some  newspaper  of  the 
county,  if  there  be  one,  if  not,  then  in  such  newspaper  as  may  be  des- 
ignated by  the  court,  a  notice  to  the  creditors  of  the  decedent,  requiring 
all  persons  having  claims  against  said  deceased  to  file  them  with  the 
necessary  vouchers  in  the  office  of  the  clerk  of  the  court  from  w^iich 


—  41  — 

the  letters  were  issued.  Such  notice  must  be  published  as  often  as  the 
judge  or  court  shall  direct,  but  not  less  than  once  a  week  for  four  weeks. 
The  court  or  judge  may  also  direct  additional  notice  by  publication  or 
posting.  There  must  be  added  to  the  published  notice  the  date  of  the 
first  publication. 

Sec.  1493.  All  claims  arising  upon  contracts,  whether  the  same  be 
due,  or  contingent  must  be  filed  in  the  office  of  the  clerk  within  the  time 
limited  in  the  notice,  and  any  claim  not  so  filed,  is  barred  forever ;  pro- 
vided, however,  that  when  it  is  made  to  appear  by  the  affidavit  of  the 
claimant,  to  the  satisfaction  of  the  court,  or  a  judge  thereof,  that  the 
claimant  had  no  notice  as  provided  in  this  chapter,  by  reason  of  being 
out  of  the  state,  it  may  be  presented  at  any  time  before  a  decree  of  dis- 
tribution is  entered. 

Sec.  1494.  Every  claim  which  is  due,  when  filed  must  be  supported 
by  the  affidavit  of  the  claimant,  or  some  one  in  his  behalf,  that  the 
amount  is  justly  due,  that  no  payments  have  been  made  thereon  which 
are  not  credited,  and  that  there  are  no  offsets  to  the  same,  to  the  knowl- 
edge of  the  affiant.  If  the  claim  be  not  due  when  filed,  or  be  contingent, 
the  particulars  of  such  claim  must  be  stated.  When  the  affidavit  is 
made  by  a  person  other  than  the  claimant,  he  must  set  forth  in  the 
affidavit  the  reason  why  it  is  not  made  by  the  claimant.  The  oath  may 
be  taken  before  any  officer  authorized  to  administer  oaths.  The  execu- 
tor or  administrator  may  also  require  satisfactory  vouchers  or  proofs 
to  be  produced  in  support  of  the  claim.  If  the  estate  be  insolvent,  no 
greater  rate  of  interest  shall  be  allowed  upon  any  claim  after  the  first 
publication  of  notice  to  creditors  than  is  allowed  on  judgments  obtained 
in  the  superior  court. 

Sec.  1495.  Any  judge  of  a  superior  court  may  file  a  claim  against 
the  estate  of  a  decedent  for  allowance  to  the  executor  or  administrator 
thereof,  and  if  the  executor  or  administrator  allows  the  claim,  he  must 
in  writing,  designate  some  other  judge  of  the  superior  court  of  the 
same  or  an  adjoining  county,  who,  upon  the  presentation  of  such  claim 
to  him,  is  vested  with  power  to  allow  or  reject  it,  and  the  judge  present- 
ing such  claim,  in  case  of  its  rejection  by  the  executor  or  administrator, 
or  by  such  judge  as  shall  have  acted  upon  it,  has  the  same  right  to  sue 
in  a  proper  court  for  Jts  recovery  as  other  persons  have  when  their 
claims  against  an  estate  are  rejected. 

Sec.  1496.  At  any  time  after  the  filing  of  a  claim  the  executor  or 
administrator  may  allow  the  same,  in  whole  or  in  part,  or  reject  the 
same.  Such  allowance  or  rejection  must  be  in  writing  and  filed  with 
the  clerk,  and  the  clerk  upon  filing  the  same,  must  immediately  note 


—  42  — 

the  same  in  the  register,,  and  mail  a  notice  thereof  to  the  claimant  at  the 
place  designated  on  the  claim.  If  the  claim  is  allowed  by  the  executor 
or  administrator,  it  must  be  presented  to  the  judge  of  the  court  for  his 
approval,  who  must  indorse  upon  it  his  allowance  or  rejection,  and  the 
clerk  must  immediately  note  such  allowance  or  rejection  upon  the  reg- 
ister, and  mail  notice  thereof  to  the  claimant  at  the  address  designated 
on  the  claim.  If  the  executor  or  administrator  refuses  or  neglects,  for 
the  period  of  thirty  days  after  the  filing  of  the  claim,  to  allow  or  reject 
the  same,  or  if  the  judge  refuses  or  neglects,  for  the  period  of  ten  days 
after  the  claim  has  been  presented  to  him,  to  indorse  his  allowance  or 
rejection  thereon,  such  refusal  or  neglect  may,  at  the  option  of  the 
claimant,  be  deemed  equivalent  to  a  rejection  thereof.  Any  claim  filed 
before  the  expiration  of  the  time  limited  in  the  notice  for  the  presenta- 
tion of  claims  is  presented  in  time,  whether  •  acted  upon  within  that 
period  or  not. 

Sec.  1504.  A  judgment  rendered  against  an  executor  or  administra- 
tor, upon  any  claim  for  money  against  the  estate  of  his  testator  or 
intestate,  only  establishes  the  claim  in  the  same  manner  as  if  it  had 
been  allowed  by  the  executor  or  administrator  and  the  judge;  and  the 
judgment  must  be  that  the  executor  or  administrator  pay,  in  due  course 
of  administration,  the  amount  ascertained  to  be  due.  A  certified  tran- 
script of  the  original  docket  of  the  judgment  must  be  filed  among  the 
papers  of  the  estate  in  court.  No  execution  must  issue  upon  such  judg- 
ment nor  shall  it  create  any  lien  upon  the  property  of  the  estate,  or  give 
to  the  judgment  creditor  any  priority  of  payment,  except  a  lien  by 
attachment  or  otherwise  previously  existed. 

It  is  recommended  that  a  new  section^  to  be  known  as  section  1455, 
be  added  to  the  Code  of  Civil  Procedure,  authorizing  any  bank  hav- 
ing on  deposit  a  sum  of  money  not  exceeding  one  hundred  dollars  to 
paj^  the  same  to  certain  persons  for  the  liquidation  of  claims  against 
such  deceased  person  for  the  expenses  of  last  sickness,  etc. 

Tliis  section  is  proposed  at  the  suggestion  of  several  savings  banks, 
who  find  it  a  custom  of  many  poor  people  to  leave  an  amount  in  the 
bank  sufficient  to  pay  their  funeral  expenses,  which  amount  is  materially 
reduced  by  the  expenses  of  probate  procedure. 

The  proposed  section  reads  as  follows : 

Sec.  1455.  Any  bank  having  on  deposit  money  of  a  deceased  per- 
son not  exceeding  the  sum  of  one  hundred  dollars,  may,  thirty  days 
after  the  death  of  such  person,  pay  the  same  to  any  hospital,  home, 
physician,  nurse,  or  undertaker,  upon  receiving  an  affidavit  of  an  officer 
of  such  hospital  or  home,  or  of  such  physician,  nurse  or  undertaker, 
showing  the  death  of  the  depositor,  and  that  the  depositor  died  pos- 


—  43  — 

sessed  of  no  estate  other  than  said  deposit,  and  that 'the  same  at  the 
time  of  the  death  of  such  depositor,  did  not  exceed  the  sum  of  one 
hundred  dollars,  and  that  the  balance  of  said  deposit  is  to  be  used  for 
the  sole  purpose  of  paying  the  expenses  of  the  last  sickness  and  funeral 
expenses  of  such  depositor.  If  the  aggregate  amount  of  the  claim  so 
presented  exceeds  the  sum  on  deposit,  such  deposit  shall  be  paid  to 
such  claimants  in  proportion  to  the  amount  of  their  respective  claims. 

A  new  section  of  the  Code  of  Civil  Procedure,  to  be  numbered  751a 
is  recommended,  declaring  that  the  effect  of  a  judgment  in  certain 
actions  shall  ipso  facto  have  the  effect  of  vesting  the  title  in  the  par- 
ticular party  without  the  necessit}^  of  a  conveyance. 

The  new  section  reads  as  follows: 

Sec.  751a.  In  an  action  by  the  holder  of  the  equitable  title  against 
the  holder  of  the  legal  title  to  quiet  title  or  determine  adverse  claims 
to  real  property,  the  judgment  or  decree  shall  have  the  effect  of  passing 
title  and  interest  of  the  adverse  party  thereto  to  the  party  in  whose 
favor  judgment  is  rendered,  without  any  act  on  the  part  of  the  party 
against  whom  judgment  is  rendered  for  the  purpose  of  conveying  or 
transferring  such  title  and  interest ;  and  such  judgment  shall  be  con- 
sidered and  taken  to  have  the  same  operation  and  effect  as  if  a  con- 
veyance, release  or  acquittance  had  been  executed  by  the  party  against 
"i.Ahom  the  judgment  is  rendered.  In  like  manner,  in  an  action  for 
specific  performance,  the  judgment  requiring  a  conveyance  shall  oper- 
ate to  convey  the  title  and  interest  of  the  person  whose  title  or  interest 
is  required  to  be  conveyed,  M-ithout  the  execution  of  any  instrument 
or  deed  by  him  or  by  any  commissioner  or  officer  of  the  court  for  that 
purpose. 

Section  726  of  the  Code  of  Civil  Procedure  is  amended  to  permit  a 
mortgagee  holding  additional  security  for  the  payment  of  the  debt 
secured  by  the  mortgage,  such  as  notes  or  bonds,  to  make  the  person 
liable  on  such  note  or  bond,  a  party  to  the  action  to  foreclose. 

Such  revision  is  suggested  under  Ould  vs.  Stoddard,  54  Cal.  613,  and 
Adams  vs.  Wallace,  119  Cal.  67. 

The  section  as  amended  is  copied  substantially  from  section  1627  of 
the  Code  of  Procedure l^f  New  York,  and  is  as  follows: 

Sec.  726.  There  can  be  but  one  action  for  the  recovery  of  any  debt, 
or  the  enforcement  of  any  right  secured  by  mortgage  upon  real  or  per- 
sonal property,  which  action  must  be  in  accordance  with  the  provisions 
of  this  chapter.  In  such  action  the  court  may,  by  its  judgment,  direct . 
the  sale  of  the  encumbered  property  (or  so  much  thereof  as  may  be 
necessary),  and  the  application  of  the  proceeds  of  the  sale  to  the  pay- 
ment of  the  costs  of  court,  and  the  expenses  of  the  sale,  and  the  amount 


—  44  — 

due  plaintiff,  including,  where  the  mortgage  provides  for  the  payment 
of  attorney 's  fees,  such  sum  for  such  fees  as  the  court  shall  find  reason- 
able, not  exceeding  the  amount  named  in  the  mortgage. 

Any  person  who  is  liable  to  the  plaintiff  for  the  pajonent  of  the  debt 
secured  by  the  mortgage,  or  any  part  thereof,  may  be  made  a  defendant 
in  the  action ;  and  if  he  has  appeared  or  has  been  personally  served  with 
the  summons,  the  final  judgment  may  award  payment  by  him  of  the 
residue  of  the  debt,  or  the  part  thereof  for  which  he  is  liable  remaining 
unsatisfied  after  a  sale  of  the  mortgaged  property  and  the  application 
of  the  proceeds  pursuant  to  the  directions  contained  therein. 

The  court  may,  by  its  judgment,  or  at  any  time  after  judgment, 
appoint  a  commissioner  to  sell  the  encumbered  property.  It  must 
require  of  him  an  undertaking  in  an  amount  fixed  by  the  court,  mth 
sufficient  sureties,  to  be  approved  by  the  judge,  to  the  effect  that  the 
commissioner  will  faithfully  perform  the  duties  of  his  office  according 
to  law'.  Before  entering  upon  the  discharge  of  his  duties  he  must  file 
such  undertaking  so  approved,  together  with  his  oath  that  he  will  faith- 
fully perform  the  duties  of  his  office.  If  it  appear  from  the  sheriff's 
return,  or  from  the  commissioner's  report,  that  the  proceeds  are  insuffi- 
cient, and  a  balance  still  remains  due,  judgment  must  then  be  docketed 
by  the  clerk  in  the  manner  provided  in  this  code  for  such  balance  against 
the  defendant  or  defendants  personally  liable  for  the  debt,  and  it 
becomes  a  lien  on  the  real  estate  of  such  judgment  debtor,  as  in  other 
cases  in  which  execution  may  be  issued. 

No  person  holding  a  conveyance  from  or  under  the  mortgager  of  the 
property  mortgaged,  or  having  a  lien  thereon,  which  conveyance  or  lien 
does  not  appear  of  record  in  the  proper  office  at  the  time  of  the  com- 
mencement of  the  action,  need  be  made  a  party  to  such  action,  and  the 
judgment  therein  rendered,  and  the  proceedings  therein  had,  are  as  con- 
clusive against  the  party  holding  such  unrecorded  conversance  or  lien 
as  if  he  had  been  a  party  to  the  action. 

If  the  court  appoints  a  commissioner  for  the  sale  of  the  property,  he 
must  sell  it  in  the  manner  provided  by  law  for  the  sale  of  like  property 
by  the  sheriff  upon  execution;  and  the  provisions  of  chapter  one,  title 
nine,  part  two,  of  this  code  are  hereby  made  applicable  to  sales  made  by 
such  commissioner,  and  the  powers  therein  given  and  the  duties  therein 
imposed  on  sheriffs  are  extended  to  such  commissioner. 

In  all  cases  heretofore,  now  or  hereafter  pending  in  the  courts  of  this 
state,  in  the  event  of  the  death,  absence  from  the  state,  other  disability 
or  disqualification  of  the  commissioner  appointed  to  sell  encumbered 
property  under  the  foregoing  provisions  of  this  section,  the  court  may, 
upon  the  happening  of  either  the  death,  absence  from  the  state,  other 
disability  or  disqualification  of  the  commissioner,  appoint  an  elisor  to 


—  45  — 

perform  the  duties  of  such  commissioner  which  are  then  to  he  performed 
in  such  action. 

The  elisor  so  appointed  shall  give  the  undertaking  and  take  the  oath 
hereinbefore  provided  to  be  given  and  taken  by  a  commissioner,  before 
entering  upon  the  discharge  of  his  duties,  and  shall  thereafter  perform 
all  duties  left  unperformed  by  the  commissioner  whom  he  is  appointed 
to  succeed  with  like  effect  as  if  such  duties  had  been  performed  by  the 
commissioner. 

If  the  land  mortgaged  consists  of  a  single  parcel,  or  of  two  or  more 
contiguous  parcels,  situated  in  two  or  more  counties,  the  court  may,  in 
its  judgment,  direct  the  whole  thereof  to  be  sold  in  one  of  such  counties, 
by  the  sheriff,  commissioner,  or  elisor,  as  the  case  may  be,  and  upon  such 
proceedings,  and  with  like  effect,  as  if  the  whole  of  the  property  were 
situated  in  that  countv. 


46  — 


THE  FOLLOWING  AMENDMENTS  TO  THE  PENAL  CODE  ARE 
RECOMMENDED  FOR  THE  REASONS  STATED  IN  THE 
ACCOMPANYING  NOTE. 

Section  507  of  the  Penal  Code  does  not  directly  include  within  its  pro- 
visions, the  conversion  of  property  by  conditional  vendee  thereof.  It 
is  proposed  to  remedy  this  defect  by  amending  the  section  as  follows  : 

See  People  vs.  Goodrich,  142  Cal.  216 ;  Kraiise  vs.  Commonwealtli,  95 
Pa.  St.  418. 

Sec.  507.  Every  person  intrusted  with  any  property  as  bailee,  ten- 
ant, as  vendee  under  conditional  contract  before  title  thereunder  has 
vested,  or  lodger,  or  with  any  power  of  attorney  for  the  sale  or  transfer 
thereof,  who  fraudulently  converts  the  same  or  the  proceeds  thereof  to 
his  own  use,  or  secretes  it  or  them  with  a  fraudulent  intent  to  convert 
to  his  own  use,  is  guilty  of  embezzlement. 

Section  532  of  the  Penal  Code  was  intended,  by  the  amendment  of  1905 
to  change  the  rule  announced  in  People  vs.  Cummings,  114  Cal.  437,  but 
it  is  doubtful  if  the  defect  there  jDointed  out  is  covered.  Therefore,  the 
following  amendment  is  recommended. 

The  amended  section  reads  as  follows : 

Sec.  532.  Every  person  Avho  knowingly  and  designedly,  by  any  false 
or  fraudulent  representation  or  pretense,  defrauds  any  other  person  of 
money,  labor^  or  property,  whether  real  or  personal,  or  who  causes  or 
procures  others  to  report  falsely  of  his  wealth  or  mercantile  character, 
and  by  thus  imposing  upon  any  person  obtains  credit,  and  thereby 
fraudulently  gets  possession  of  money  or  property,  or  obtains  the4abor 
or  service  of  another,  is  punishable  in  the  same  manner  and  to  the 
same  extent  as  for  larceny  of  the  money  or  of  personal  property  of  the 
value  of  the  property  or  services  obtained. 

Section  269a  of  the  Penal  Code  is  amended  by  striking  therefrom 
the  words,  "open  and  notorious." 

The  amended  section  reads  as  follows : 

Sec.  269a.  Every  person  who  lives  in  a  state  of  cohabitation  and 
adultery  is  guilty  of  a  misdemeanor,  and  punishable  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in  the  county  jail 
not  exceeding  one  year,  or  by  both. 

See.  269&.  If  two  persons,,  each  being  married  to  another,  live 
together  in  a  state  of  cohabitation  and  adultery,  each  is  guilty  of  a 
felony,  and  punishable  by  imprisonment  in  the  state  prison  not  exceed- 
ing five  years.     A  recorded  certificate  of  marriage  or  a  certified  copy 


—  47  — 

of  the  record  thereof,   there  being  no  decree  of  divorce,  proves  the 
marriage  of  a  person  for  the  purposes  of  this  section. 

Section  1070  of  the  Penal  Code  is  amended  to  give  the  people  the 
same  number  of  peremptory  challenges  as  the  defense  in  the  selection 
of  jurors. 

The  amended  section  reads  as  follows : 

Sec.  1070.  If  the  offense  charged  be  punishable  with  death,  or 
with  imprisonment  in  the  state  prison  for  life,  the  defendant  is  entitled 
to  twenty  and  the  state  to  twenty  peremptory  challenges.  On  a  trial 
for  any  other  offense,  the  defendant  is  entitled  to  ten  and  the  state  to 
ten  peremptory  challenges. 

Section  995  of  the  Penal  Code  is  amended  by  striking  out  sub- 
division four  thereof.  By  omitting  this  subdivision  the  indictment 
can  not  be  quashed  for  the  bias  or  prejudice  of  any  member  of  the  grand 

The  amended  section  reads  as  follows : 

Sec.  995.  The  indictment  or  information  must  be  set  aside  by  the 
court  in  which  the  defendant  is  arraigned,  upon  his  motion,  in  either 
of  the  following  eases. 

If  it  be  an  indictment : 

1.  Where  it  is  not  found,  indorsed,  and  presented  as  prescribed  in 
this  code. 

2.  When  the  names  of  the  witnesses  examined  before  the  grand  jury, 
or  whose  depositions  may  have  been  read  before  them,  are  not  inserted 
at  the  foot  of  the  indictment,  or  indorsed  thereon. 

3.  When  a  person  is  permitted  to  be  present  during  the  session  of 
the  grand  jury,  and  when  the  charge  embraced  in  the  indictment  is 
under  consideration,  except  as  provided  in  section  nine  hundred  and 
twenty-five. 

If  it  be  on  information: 

1.  That  before  filing  thereof  the  defendant  had  not  been  legally 
committed  by  a  magistrate. 

2.  That  it  was  not  subscribed  by  the  district  attorney  of  the  county. 
Section  1171  of  the  Penal  Code,  relating  to  bill  of  exceptions  in 

criminal  eases,  is  amended  by  changing  the  time  in  presenting  a  bill 
of  exceptions  for  settlement  to  thirty  days,  instead  of  ten  days  after 
judgment  has  been  entered. 

This  amendment  is  deemed  advisable  because  in  the  very  large 
majority  of  cases  the  bill  of  exceptions  can  not  be  prepared  and  pre- 
sented for  settlement  within  the  time  allowed  under  the  section  at  the 
present  time. 


—  48  — 

Sec.  1171.  When  the  defendant  desires  to  have  exceptions  taken  at 
the  trial  settled  in  a  bill  of  exceptions,  the  draft  of  a  bill  must  be  pre- 
pared by  him,  and  presented  to  the  judge  for  settlement  Avithin  thirty 
days  after  judgment  has  been  entered  against  him,  or,  if  the  judge  is 
absent  from  the  county,  or  ill,  so  that  presentation  can  not  be  made,  the 
draft  must,  within  that  period,  be  delivered  to  the  clerk  for  the  judge. 
Notice  in  writing  of  the  intended  presentation  of  such  draft  to  the 
judge,  or  of  the  delivery  thereof  to  the  clerk,  must  be  served  upon  the 
district  attorney  at  least  two  days  before  such  presentation  or  delivery. 
When  received  b}^  the  clerk,  he  must  note  thereon  the  date  of  such 
receipt,  and  transmit  or  deliver  the  same  to  the  judge  at  the  earliest 
period  practicable.  The  judge  must,  immediately  upon  the  draft  being 
presented  or  delivered  to  him,  designate  a  time  for  the  settlement  of  the 
bill,  and,  if  the  parties  are  not  present,  recpiire  the  clerk  to  notify  them 
in  writing  of  such  date.  The  time  so  fixed  must  not  be  changed  for 
inconvenience  to  a  party,  except  upon  good  cause,  shown  by  affidavit  of 
necessity  therefor.  When  settled  and  engrossed,  the  bill  must  be  signed 
by  the  judge  and  filed  with  the  clerk. 

Section  971  of  the  Penal  Code  relates  to  the  prosecution  of  acces- 
sories in  felony  cases  only.  The  amended  section  includes  misde- 
meanors to  harmonize  with  sections  659  and  31  of  the  same  code. 

The  amended  section  reads  as  follows : 

Sec.  971.  The  distinction  between  an  accessory  before  the  fact  and 
a  principal  and  between  principals  in  the  first  and  second  degree,  in 
cases  of  felony  and  misdemeanor,  is  abrogated;  and  all  persons  con- 
cerned in  the  commission  of  a  felony  or  misdemeanor,  whether  they 
directly  commit  the  act  constituting  the  offense,  or  aid  and  abet  in  its 
commission,  though  not  present,  shall  hereafter  be  prosecuted,  tried,  and 
punished  as  principals,  and  no  other  facts  need  be  alleged  in  any  indict- 
ment or  information  against  such  an  accessory  than  are  required  in  an 
indictment  or  information  against  his  principal. 

An  amendment  of  section  954  of  the  Penal  Code  is  suggested.  As  the 
same  now  reads  there  can  be  no  joinder  of  offenses,  except  such  as  grow 
out  of  the  same  transaction,  and  there  can  be  but  a  single  conviction 
under  the  section.  By  the  proposed  amendment,  a  series  of  offenses  of 
the  same  class  may  be  prosecuted  under  the  same  indictment  or  informa- 
tion. 

The  amended  section  reads  as  follows : 

Sec.  945.  The  indictment  or  information  may  change  different 
offenses,  of  the  same  kind  and  class,  or  different  offenses  growing  out 
of  the  same  act,  transaction  or  event,  or  different  statements  of  the 
same  offense  under  separate  counts.     The  court  may  in  its  discretion 


—  49  — 

limit  the  prosecution  to  any  one  or  more  of  such  offenses  charged  as 
may  in  its  judgment  be  tried  at  one  and  the  same  time.  Subject  to 
such  limitation  the  defendant  may  be  convicted  of  any  one  or  more  of 
such  offenses  so  charged. 

The  act  of  March  21,  1905  (Statutes  1905,  page  652),  relating  to 
the  sale  of  intoxicating  liquors  in  public  institutions,  or  in  the  vicinity 
thereof,  is  codified  as  an  amendment  to  section  172  of  the  Penal  Code. 

The  amended  section  reads  as  follows: 

Sec.  172.  Every  person  who,  within  two  miles  of  the  land  belonging 
to  this  state  upon  which  any  state  prison  or  reformatory  is  situated ;  or 
within  one  mile  of  the  grounds  belonging  and  adjacent  to  the  Univer- 
sity of  Californa,  or  any  other  university,  college,  or  institution  devoted 
to  higher  education;  or  within  one  mile  of  the  asylum  building  of  the 
INIendocino  State  Hospital  for  the  Insane;  or  within  one  and  one  half 
miles  of  the  lands  occupied  by  any  home,  retreat,  or  asylum  for  dis- 
abled volunteer  soldiers  or  sailors  established  or  to  be  established  by 
this  state  or  by  the  United  States  within  this  state,  or  within  the  state 
capitol,  or  within  the  limits  of  the  grounds  adjacent  and  belonging 
thereto,  sells,  gives  away,  or  exposes  for  sale  or  consumption  by  others, 
any  beer,  wine,  whiskej',  brandy,  or  other  vinous  or  alcoholic  liquors, 
is  guilty  of  a  misdemeanor. 


4 — GL 


50  — 


THE  FOLLOWING  ACTS  OP  THE  LEGISLATURE  HAVE  BEEN 
SUPERSEDED  BY  SECTIONS  OF  THE  CODES  OR  BY  SUB- 
SEQUENT ACTS  AND  SHOULD  BE  REPEALED. 

Sections  597a,  5975,  597c,  and  591  d  of  the  Penal  Code,  relating  to 
the  importation  and  docking  of  horses'  tails,  are  in  many  respects 
unconstitutional. 

Section  597,  in  so  far  as  it  relates  to  the  imp'ortation  of  docked  horses 
into  this  state,  is  an  interference  with  interstate  commerce  and  is  void. 
Railroad  Co.  vs.  Husen,  95  U.  S.  465 ;  CJiy  Lung  vs.  Freeman,  92  U.  S. ; 
People  vs.  Marx,  U.  S.  378. 

The  provisions  of  this  section  prohibit  any  one  from  driving,  working, 
using,  or  dealing  in  any  unregistered  docked  horse,  or  horses,  is  not 
within  the  police  power  of  the  state,  and  would  therefore  be  void. 

See  Ex  parte  Hayden,  147  Cal.  649 ;  Ex  parte  Dietrich,  149  Cal.  106. 

Sections  597c  and  597f?  also  contain  the  same  infirmities,  and  all  of 
said  sections  should  be  repealed,  except  597a. 

The  act  of  March  20,  1905  (Statutes  1905,  page  316),  is  in  violation 
of  article  I  of  the  constitution,  and  should  be  repealed. 

See  Ex  parte  Dietrich,  149  Cal.  104;  Ex  parte  Hayden,  147  Cal.  649. 

The  act  of  March  19,  1889  (Statutes  1889,  page  404),  regulating  the 
government  of  the  state  prisons,  has  been  covered  by  sections  1572  and 
1596  of  the  Peiial  Code  (see  Statutes  1907,  page  585),  and  should  be 
repealed. 

The  act  of  March  11,  1893  (Statutes  1893,  page  132),  authorizing  the 
justices  of  the  supreme  court  to  appoint  a  librarian  for  said  court,  and 
fixing  a  salary,  is  covered  by  the  provisions  of  section  2314  of  the 
Political  Code,  and  should  be  repealed. 

The  act  of  February  28,  1901  (Statutes  1901,  page  75).  providing  for 
a  luncheon  hour  for  laborers  in  sawmills,  and  shingle  and  shake  mills 
in  logging  camps,  and  making  a  violation  thereof  a  misdemeanor,  is  in 
conflict  with  sections  11  and  21,  of  article  I  of  the  constitution  of  the 
State  of  California,  and  should  be  repealed. 

See  Ex  parte  Sohncke,  148  Cal.  262;  Ex  parte  Jentzsch,  112  Cak  468; 
Bailey  vs.  People,  190  111.  28  (60  N.  E.  98). 

The  act  of  March  26,  1880  (Statutes  1880,  page  15),  relating  to  the 
transportation  of  passengers  to  and  from  foreign  ports,  is  obsolete  and 
should  be  repealed. 


—  51  — 

The  act  of  March  27,  1872  (Statutes  1872,  page  622),  legalizing  appli- 
cations made  to  purchase  state  lands,  is  obsolete  and  should  l)e  repealed. 

The  act  of  March  30,  1874  (Statutes  1874,  page  938),  relating  to 
discrimination  against  female  teachers,  is  repealed  as  being  obsolete 
and  unnecessary. 

The  act  of  March  21,  1905  (Statutes  1905,  page  711)*  regulating  the 
lending  of  money  on  personal  property  by  corporations  violates  article 
IV,  section  25,  subdivision  23  of  the  constitution,  and  should  be 
repealed. 

See  Ex  parte  Sohncke,  148  Cal.  262 ;  Slocum  vs.  Bear  Valley  Irriga- 
tion Co.,  122  Cal.  555 ;  Johnson  vs.  Goodyear  Rubber  Company,  127 
Cal.  4.    • 

The  act  of  April  23,  1880  (Statutes  1880,  page  136),  relating  to  pro- 
cedure in  actions  to  recover  delinquent  taxes,  has  been  superseded 
by  section  3899  of  the  Political  Code,  and  is  recommended  for  repeal. 

The  act  of  March  12,  1880,  page  8,  recited  in  Henning's  General 
Laws,  page  66,  relating  to  currency  of  the  United  States,  is  entirely 
obsolete,  as  all  of  the  provisions  of  the  act  are  fulfilled  by  the  laws  of 
congress. 

See  Lick  vs.  Faulkner,  25  Cal.  404. 

The  act  of  March  24,  1905  (Statutes  1905,  page  372),  creating  the 
office  of  sheep  inspector,  has  been  superseded  by  the  later  act  of  March 
23,  1907,  page  905,  and  should  be  repealed. 

The  act  of  March  21,  1899  (Statutes  1899,  page  158),  relating  to 
members  of  the  national  guard  who  volunteered  service  in  the  Spanish- 
American  war,  has  served  its  purpose  and  should  be  repealed. 

The  act  of  February  27,  1893  (Statutes  1893,  page  30),  to  prevent 
combinations  to  obstruct  the  sale  of  live  stock,  has  been  covered  b^^  the 
Cartwright  Act  of  March  23,  1907,  and  should  be  repealed. 

The  act  of  March  "31,  1891  (Statutes  1891,  page  473),  to  prevent 
destruction  of  property  by  fire,  is  superseded  by  section  384a  of  the 
Penal  Code,  and  should  be  repealed. 

The  act  of  March  23,  1875-6  (Statutes  1875-6,  page  408),  has  been 
superseded  by  sections  608,  384c,  and  384&  of  the  Penal  Code,  and 
should  be  repealed. 


—  52  — 

For  the  same  reason  the  act  of  March  16.  1S72  (Statutes  1871-2,  page 
384),  should  be  repealed. 

The  act  of  April  1,  1878  (Statutes  1877-8,  page  963),  authorizing 
the  managers  of  orphan  asylums  to  consent  to  the  adoption  of  children 
under  their  care,  has  been  superseded  by  section  224  of  the  Civil  Code, 
and  should  be  repealed. 

The  act  of  March  23,  1893  (Statutes  1893,  page  234,  ch.  CXC), 
relating  to  the  removal  of  human  remains  from  cemeteries,  is  contrarj- 
to  the  provisions  of  article  XI,  sections  11-12  of  the  constitution,  and 
should  be  repealed. 

See  Darcey  vs.  Mayor,  104  Cal.  642. 

The  act  of  March  20,  1899  (Statutes  1899,  page  146),  providing  an 
expert  for  the  controller,  has  been  superseded  by  section  439  of  the 
Political  Code  as  amended  Februarj^  3,  1905  (Statutes  1905,  page 
785),  and  should  be  repealed. 

The  act  of  February  17,  1897  (Statutes  1897,  page  12),  regulating 
the  medical  practice,  to  prevent  blindness  in  infants,  is  obsolete,  imprac- 
ticable, and  seems  to  be  a  dead  letter,  and  should  be  repealed. 

The  act  of  :\Iarch  16,  1901  (Statutes  1901,  page  324),  relating  to 
license  tax  on  bicj^cles,  seems  to  have  become  obsolete  in  all  respects, 
except  such  parts  thereof  as  are  included  in  section  524  of  the  Civil 
Code,  and  should  be  repealed. 

The  act  of  ]\rarch  10,  1891  (Statutes  1891,  page  210),  regulating 
the  sale  of  imitation  olive  oil,  as  amended  ]\Iarch  23,  1893,  has  been 
superseded  by  the  act  of  March  11,  1907  (Statutes  1907,  page  208), 
and  should  be  repealed. 

The  act  of  March  15,  1899  (Statutes  1899,  page  103),  relating  to 
suits  to  abate  public  nuisances,  has  been  superseded  by  section  731  of 
the  Code  of  Civil  Procedure,  and  should  be  repealed. 

The  act  of  March  26,  1895  (Statutes  1895,  page  131),  known  as  the 
Insolvency  Act  has  been  superseded  by  the  Federal  Bankruptcy  Act. 

The  act  of  March  24,  1873-4  (Statutes  1873-4,  page  707),  relating  to 
attorney's  fees  in  foreclosure  cases,  has  been  superseded  by  section 
726  of  the  Code  of  Civil  Procedure,  and  should  be  repealed. 

The  act  of  March  15,  1901  (Statutes  1901,  page  296),  relating  to 
the  meeting  place  of  high  school  beards  within  municipal  corporations. 


—  53  — 

is  included  in  subdivision  10  of  section  1670  of  the  Political  Code,  and 
should  be  repealed. 

The  act  of  February  9,  1878  (Statutes  1877-8.  page  73),  relating  to 
special  elections,  has  been  superseded  by  sections  1116  and  1205  of  the 
Political  Code,  and  should  be  repealed. 

The  act  of  March  15,  1907  (Statutes  1907,  page  300),  relating  to 
trespass  of  animals  upon  private  lands  in  certain  counties  of  California, 
is  in  violation  of  section  25  of  article  IV  of  the  constitution,  and  should 
be  repealed. 

The  act  of  I\rarch  10,  1887  (Statutes  1887,  page  82),  relating  to  the 
wearing  of  badges  of  the  Grand  Army  of  the  Republic,  has  been  super- 
seded by  section  5385  of  the  Penal  Code,  and  should  be  repealed. 

The  act  of  April  15,  1880  (Statutes  1880,  page  75),  has  served  its 
purpose  and  should  be  repealed. 

The  act  of  March  8.  1872  (Statutes  1871-2,  page  304),  relating  to 
hunting  and  shooting  on  private  grounds,  has  been  superseded  by  section 
627  of  the  Penal  Code. 

The  act  of  March  20,  1905,  exempting  all  licenses  of  ex-Union  soldiers 
and  sailors  of  the  civil  war,  is  special  legislation,  contrary  to  the  consti- 
tution, and  should  be  repealed. 

The  act  of  March  27,  1878  (Statutes  1877-8,  page  563),  to  protect 
bee  keeping  in  the  county  of  San  Bernardino,  is  unconstitutional,  and 
should  be  repealed. 

The  act  of  March  26,  1895  (Statutes  1895,  page  163),  relating  to  ^its 
against  cities  and  counties,  has  been  included  in  the  act  of  March  23, 
1901  (Statutes  1901,  page  794),  and  should  be  repealed. 

The  act  of  March  27,  1895  (Statutes  1895,  page  238),  providing  a 
clerk  in  the  office  of  the  superintendent  of  public  instruction,  has  been 
included  in  section  515cr  of  the  Political  Code,  and  should  be  repealed. 

The  act  of  March  20,  1899  (Statutes  1899,  page  148),  relating  to 
encampments  of  the  national  guard,  has  been  superseded  by  section  2005 
of  the  Political  Code,  and  should  be  repealed. 

The  act  of  April  15,  1880  (Statutes  1880,  page  75),  is  covered  by  the 
subsequent  act  of  March  23,  1901  (Statutes  1901,  page  577),  and  should 
be  repealed. 


—  54  — 

The  act  of  March  30,  1871-2  (Statutes  1871-2,  page  796),  providing 
for  public  administrators  in  certain  eases,  has  been  superseded  by  section 
996  of  the  Political  Code,  and  subdivision  19  of  section  4041  of  the 
Political  Code,  and  should  be  repealed. 

The  act  of  March  18,  1885  (Statutes  1885,  page  216),  to  establish  a 
state  board  of  silk  culture  has  become  obsolete,  and  should  be  repealed. 

The  act  of  ]\larch  21,  1905  (Statutes  1905.  page  711),  regulating  the 
lending  of  money  on  personal  property  by  corporations,  violates  article 
IV,  section  25,  subdivision  23  of  the  constitution,  and  should  be  repealed. 

See  Slocum  vs.  Bear  Valley  Irrigation  Company,  122  Cal.  555 ;  John- 
son vs.  Goodyear  Kuhher  Company,  127  Cal.  4. 

The  act  of  March  20,  1905,  regulating  the  rates  of  interest  and  charges 
on  loans,  has  been  declared  unconstitutional,  and  is  recommencled  that 
the  same  should  be  repealed.     Ex  parte  Sohncke,  148  Cal.  262. 

The  act  of  April  3,  1876  (Statutes  1875-6,  page  759),  concerning  the 
ventilation  of  sleeping  apartments,  is  covered  by  section  401a  of  the 
Penal  Code,  and  should  be  repealed. 

The  act  of  March  20,  1903  (Statutes  1903,  page  338),  providing  for 
the  marking,  branding,  or  labeling  of  boxes,  barrels,  or  packages  contain- 
ing fruits,  is  in  violation  of  article  1,  section  1  of  the  constitution  of 
the  State  of  California,  and  should  be  repealed. 

See  Ex  parte  Hayden,  147  Cal.  649. 

The  act  of  March  23.  1901  (Statutes  1901,  page  664),  providing  for 
prosecuting  attorneys  of  police  courts  in  cities  of  the  second  class,  is  in 
conflict  with  article  IV,  section  25,  subdivision  28  of  the  constitution, 
and  should  be  repealed. 

See  San  Francisco  vs.  Broderick,  125  Cal.  188. 

The  act  of  March  30,  1874  (Statutes  1873-4,  page  937),  providing  for 
the  appointment  of  certain  permanent  employees  of  the  state  capitol, 
has  been  superseded  by  the  provisions  of  the  Political  Code,  and  should 
be  repealed. 

The  act  of  February  14,  1891  (Statutes  1891,  page  4),  providing  for 
the  levy  and  collection  of  taxes  by  and  for  school  districts,  except  in 
municipal  corporations  of  the  first  class,  has  been  superseded  by  sec- 
tions 1830  to  1839  of  the  Political  Code,  and  should  be  repealed. 

The  act  of  April  15,  1880  (Statutes  1880,  page  77),  relating  to  the 
intoxication  of  officers  and  providing  a  penalty  therefor  is  codified  as 
section  773  of  the  Penal  Code. 


—  55  — 

The  new  section  reads  as  follows : 

Sec.  773.  Any  officer  of  a  town,  village,  city,  county  or  state,  who 
shall  be  intoxicated  while  in  discharge  of  the  duties  of  his  office,  or  by 
reason  of  intoxication  is  disqualified  for  the  discharge  of,  or  neglects 
his  duties,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  of  such 
misdemeanor  shall  forfeit  his  office ;  and  in  such  case  the  vacancy  occa- 
sioned thereby  shall  be  filled  in  the  same  manner  as  if  such  officer  had 
filed  his  resignation  in  the  proper  office,  and  it  had  been  accepted  by 
the  proper  authority;  provided,  such  acceptance  shall  have  been  neces- 
sary to  make  the  office  vacant. 

The  act  of  March  23,  1901  (Statutes  1901,  page  603),  relating  to 
estrays  and  providing  for  taking  up  and  impounding  the  same,  and 
sales  thereof,  is  codified  as  sections  1873-1874,  1875,  1876,  and  1877  of 
the  Civil  Code. 

The  new  sections  read  as  follows : 

Sec.  1873.  Any  person  finding  any  estray  domastic  animal  or  ani- 
mals upon  his  premises,  or  upon  the  premises  to  which  he  has  the  right 
of  possession,  or  upon  highways  adjacent  thereto,  may  take  up  and 
impound  them  in  a  secure  and  suitable  place,  and  within  five  days 
thereafter  must  file  with  the  county  recorder  of  the  county  in  which 
such  animal  or  animals  have  been  taken  up,  a  notice  of  such  impound- 
ing, with  a  description  of  the  animal  or  animals  so  impounded,  giving 
the  marks,  brands,,  color,  sex,  and  any  other  visible  means  of  identifi- 
cation, together  with  the  probable  value  of  each  animal,  and  a  state- 
ment of  the  time  and  place  of  their  being  taken  up  and  where  confined. 
•  The  county  recorder  shall  receive  for  filing  said  notice  the  sum  of  fifty 
cents. 

Sec.  1874.  If  no  person  appears  and  claims  such  animal  or  animals 
or  possession  thereof  within  thirty  days  after  the  date  of  the  filing  of 
the  notice  specified  in  section  eighteen  hundred  and  seventy-three,  or 
having  so  appeared  and  claimed  such  animal  or  animals,  or  the  posses- 
sion thereof,  but  have  failed  or  refused  to  pay  the  fees,  costs,  and 
expenses  provided  in  section  eighteen  hundred  and  seventy-six,  it  shall 
be  the  duty  of  the  person  having  taken  up  such  animal  or  animals,  to 
notify  in  writing  a  constable  of  the  township  in  which  said  animals  are 
held,  or  there  being  no  constable  in  said  township,  or  he  be  absent 
therefrom,  or  can  not  be  found,  then  the  sheriff  of  the  county  in  which 
said  animal  or  animals  taken  up,  which  notice  shall  specify  that  the  pro- 
visions of  this  chapter  have  been  complied  with,  and  that  no  person 
has  appeared  and  claimed  such  animal  or  animals,  or  having  so  appeared 
has  failed  to  pay  the  fees,  costs  and  expenses  of  taking  up  and  caring 
for  the  same,  and  requiring  said  constable  or  sheriff  to  proceed  to  sell 
such  animal  or  animals  at  public  sale.    Any  constable  or  sheriff  receiv- 


—  56  — 

ing  said  notice  shall  immediately  proceed  to  sell  such  animal  or  animals 
at  public  sale  in  conformity  with  the  law  concerning  sales  of  personal 
property  on  execution  (except  that  at  least  ten  days'  notice  thereof 
shall  be  given  and  each  animal  shall  be  sold  singly),  and  shall  be 
entitled  to  the  same  fees  as  are  provided  by  law  from  the  sale  of  per- 
sonal property  on  execution. 

Sec.  1875.  The  party  taking  up  such  animal  or  animals  shall  be 
entitled  to  receive  only  the  following  fees,  costs,  and  expenses  before 
releasing  the  same,  to  be  estimated  as  follows : 

1.  For  taking  up  and  impounding  each  animal,  five  cents ; 

2.  The  amount  paid  for  filing  the  notice  required  by  section  eighteen 
hundred  and  seventy-three.  ^ 

3.  For  keep  and  care  of  such  animal  or  animals  while  the  same  are 
legally  impounded  and  in  his  possession  the  following : 

For  each  horse,  mule,  jenny,  ass,  bull,  ox,  steer,  or  calf,  fifteen  cents 
per  diem ; 

For  each  sheep,  goat,  hog,  or  other  animal  not  hereinbefore  specified, 
five  cents  per  diem ;  provided,  lioivever,  that  if  such  animal  or  animals 
have  not  been  properly  fed  or  watered  during  the  time  they  have  been 
impounded,  no  charge  shall  be  allowed  or  collected  therefor. 

Sec.  1876.  Any  person  claiming  such  animal  or  animals,  and  who 
has  been  refused  the  possession  thereof,  may  at  any  time  before  the  sale 
thereof,  commence  an  action  in  the  proper  court  to  recover  the  posses- 
sion of  such  animal  or  animals,  and  any  sale  of  property  shall  thereupon 
be  postponed  until  the  determination  of  such  action.  The  law  and  pro- 
cedure relating  to  claim  and  delivery  of  personal  property,  shall  govern 
such  action  so  far  as  applicable  thereto.  In  any  such  action  the  defend- 
ant shall  be  entitled  to  his  costs  the  same  as  in  other  civil  actions  and 
shall  have  a  lien  upon  said  property  therefor. 

Sec.  1877.  The  money  received  from  the  sale  of  any  animal  or  ani- 
mals under  the  provisions  of  section  eighteen  hundred  and  seventj^-four 
and  section  eighteen  hundred  and  seventy-five  of  this  code  shall  be 
applied  as  follows : 

1.  To  the  payment  of  the  fees  of  the  officer  making  such  sale. 

2.  The  payment  to  the  person  taking  up  such  animal  or  animals  his 
fees,  expenses,  and  costs  a;^  provided  in  section  eighteen  hundred  and 
seventy-six  of  this  code. 

3.  The  surplus,  if  any,  shall  be  paid  into  the  county  treasury,  together 
with  a  statement  of  the  prices  received  for  each  anihial  sold,  to  be  held 
for  the  owner  of  such  animal  or  animals  for  sale  of  which  it  was  received. 
If  such  owner  shall,  within  one  year  thereafter,  prove  to  the  satisfaction 
of  the  board  of  supervisors  of  the  county  in  which  such  animal  or  ani- 
mals were  sold,  that  he,  or  they,  were  the  owners  of  said  animals  at  the 


—  57  — 

time  the  same  were  taken  up  or  sold,  or  to  auy  part  thereof,  the  said 
l)oard  of  supervisors  shall  order  such  sum,  or  the  proportionate  part 
thereof,  to  be  paid  over  to  such  person  or  persons.  Any  part  of  said 
fund  that  has  not  been  claimed,  or  if  claim  has  not  been  allowed  by  the 
board  of  supervisors  within  one  year  after  the  receipt  thereof  by  the 
treasurer,  shall  be  paid  into  and  become  a  part  of  the  common  school 
fund  of  said  county. 

The  act  of  March  31,  1891,  page  219,  relating  to  the  working,  rights 
of  way,  easement,  and  drainage  of  mines  in  the  State  of  California, 
is  codified  as  section  1443  of  the  Civil  Code. 

The  new  section  reads  as  follows  : 

"Sec.  1443.  Whenever  any  mine  owner,  company,  or  corporation 
shall  have  performed  the  labor  and  made  the  improvements  required 
by  law  for  the  location  and  ownership  of  mining  claims  or  lodes,  such 
owner,  company,  or  corporation  shall  file  or  cause  to  be  filed,  within 
thirty  days  after  the  time  limited  for  performing  such  labor  or  making 
such  improvements,  with  the  county  recorder  of  the  county  in  which 
the  mine  or  claim  is  situated,  an  affidavit  particularly  describing  the 
labor  performed  and  improvements  made,  and  the  value  thereof,  which 
affidavit  shall  be  prima  facie  evidence  of  the  facts  therein  stated.  Upon 
the  failure  of  any  claimant  or  mine  owner  to  comply  with  the  condi- 
tions of  this  act  in  the  performance  of  labor,  or  making  of  improve- 
ments upon  any  claim,  mine,  or  mining  ground,  the  claim  or  mine  upon 
which  such  failure  occurred  shall  be  opened  to  relocation  in  the  same 
manner  as  if  no  location  of  the  same  had  ever  been  made ;  but,  if 
previous  to  relocation,  the  original  locators,  their  heirs,  assigns,  or 
legal  representatives,  resume  work  upon  such  claim,  and  continue  the 
same  with  reasonable  diligence  until  the  required  amount  of  labor 
has  been  performed  or  improvements  made,  and  the  required  state- 
ment of  accounts  and  affidavits  filed  with  the  county  recorder,  then 
the  claim  shall  not  be  subject  to ,  relocation  because  of  previous  failure 
to  file  accounts.  Upon  the  failure  of  any  one  of  the  several  co-owners 
to  contribute  his  portion  of  the  expenditures  required  hereby,  the 
co-owners  who  have  performed  the  labor  or  made  the  improvement  may, 
at  the  expiration  of  the  year,  give  such  delinquent  co-owner  personal 
notice,  in  writinjK',  or  by  publication  in  the  newspaper  published  near- 
est the  claim,  for  at  least  once  a  week  for  ninety  days;  and  if.  at  the 
expiration  of  ninety  days  after  such  notice  in  writing  or  publication, 
such  delinquent  shall  fail  or  refuse  to  contribute  his  portion  of  the 
expenditures  required  by  this  section,  his  interest  in  the  claim  shall 
become  the  property  of  his  co-owners  who  made  the  required  expendi- 
tures. A  copy  of  such  notice,  together  with  an  affidavit  showing  per- 
sonal service  or  publication,  as  the  case  may  be  of  such  notice,  w^hen 


—  58  — 

.filed  or  recorded  with  the  recorder  of  the  count}'  in  which  such  min- 
ing claim  is  situated,  shall' be  evidence  of  the  acquisition  of  title  of 
such  co-owners.  Where  a  person  or  company  has  or  may  run  a  tunnel 
or  cuts  for  the  purpose  and  in  good  faith  for  the  purpose  of  develop- 
ing a  lode,  lodes,  or  claims  owned  hj  said  person,  or  company,  or  cor- 
poration, the  money  so  expended  in  running  said  tunnel  shall.be  taken 
and  considered  as  expended  on  said  lodes  or  claims;  provided  further, 
that  said  lode,  claim,  or  claims  shall  be  distinctly  marked  on  the  sur- 
face as  provided  by  law.  All  mining  locations  and  mining  claims 
shall  be  subject  to  a  reservation  of  the  right  of  way  through  or  over 
any  mining  claims,  ditches,  roads,  canaLs,  cuts,  tunnels,  and  other 
■easements  for  the  purpose  'of  working  other  mines ;  provided,  that  any 
damage  occasioned  thereby  shall  be  assessed  and  paid  for  in  the  man- 
ner provided  by  law  for  land  taken  for  public  use  under  the  right  of 
eminent  domain. 

The  act  of  February  28,  1903  (Statutes  1903,  page  58),  relating  to 
assaults  upon  certain  officers  of  the  United  States,  is  codified  as  follows : 
Section  2  thereof  as  section  186  of  the  Penal  Code  and  section  1  thereof 
as  section  183  of  the  Penal  Code. 

The  new  sections  read  as  follows  : 

Sec.  186.  Every  person  who  attempts  to  kill,  or  who  commits  any 
assault  upon  the  president  or  vice-president  of  the  United  States,  the 
governor  of  any  state  or  territory,  any  United  States  justice  or  judge, 
or  the  secretary  of  any  of  the  executive  departments  of  the  United 
States,  is  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  state  prison  not  less  than  ten  years. 

Sec.  183.  If  two  or  more  persons  conspire  to  commit  any  crime 
against  the  person  of  the  president  or  vice-president  of  the  United 
States,  the  governor  of  any  state  or  territory',  any  United  States  justice 
or  judge,  or  the  secretary  of  any  of  the  executive  departments  of  the 
United  States,  they  are  guilty  of  a  felony,  and  upon  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  state  prison  not  less  than  ten 
years. 

The  acts  of  March  13,  1903  (Statutes  1903,  page  139),  reMing  to 
cruelty  to  animals,  is  codified  as  an  amendment  to  section  597  of  the 
Penal  Code. 

The  amended  section  reads  as  follows : 

Sec.  597.  Every  person  who  maliciously  kills,  maims,  or  wounds 
an  animal,  the  property  of  another,  or  who  overdrives,  overloads, 
drives  when  overloaded,  overworks,  tortures,  torments,  deprives  of 
necessary  sustenance,  drink  or  shelter,  cruelly  beats,  mutilates,  or 
cruelly  kills  any  animal,  or  causes  or  procures  any  animal  to  be  so  over- 


—  59  — 

driven,  overloaded,  driven  when  overloaded,  overworked,  tortured,  tor- 
mented, deprived  of  necessary  sustenance,  drink  or  shelter,  or  to  be 
cruelly  beaten,  mutilated,  or  cruelly  killed;  and  whoever  having-  the 
charge  or  custody  of  any  animal,  either  as  owner  or  otherwise,  uses 
thereon  what  is  known  as  the  bristle  bur,  tack  bur,  or  other  like  device, 
by  whatsoever  name  known  or  designated,  on  any  said  horse  or  other 
animal  for  any  purpose  whatsoever,  or  who  otherwise  subjects  any 
animal  to  needless  suffering,  or  inflicts  unnecessary  cruelty  upon  the 
same,  or  in  any  manner  abuses  any  animal,  or  fails  to  provide  the  same 
with  proper  food,  drink,  shelter,  or  protection  from  the  weather,  or 
who  cruelly  drives,  rides,  or  otherwise  us&s  the  same  when  unfit  for 
labor,  is  for  every  such  offense  guilty  of  a  misdemeanor. 

The  act  of  March  16,  1903  (Statutes  1903,  page  156),  relating  to 
ferries  across  navigable  rivers  between  counties,  is  codified  as  section 
2882  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  2882.  When  a  navigable  river  forms  a  boundary  between  two 
counties  of  this  state,  the  boards  of  supervisors  of  such  counties  are 
hereby  given  the  power  to  establish  and  operate  a  ferry  or  ferries  across 
such  stream.  Each  of  such  counties  shall  pay  such  proportion  of  the 
expenses  of  establishing  and  operating  said  ferry  or  ferries  as  may  be 
agreed  upon  by  the  boards  of  supervisors  of  such  counties.  In  case 
either  of  said  counties  shall  refuse  to  enter  into  an  agreement  to  estab- 
lish and  operate  such  ferry  or  ferries,  the  county  situated  upon  the 
opposite  bank  of  such  river  may  establish  and  operate  a  ferry  or  ferries 
across  such  river,  and  such  county  is  hereby  empowered  to  acquire  land- 
ing places  for  such  ferry  or  ferries  on  the  bank  of  such  river  opposite 
the  boundary  of  such  county,  and  may  pay  the  expense  of  establishing 
and  operating  said  ferry  or  ferries  out  of  the  general  road  fund  of  such 
county. 

The  act  of  March  8,  1905  (Statutes  1905,  page  88),  relating  to 
charges  of  city  justices  against  counties,  is  codified  as  section  4326  of  the 
Political  Code. 

The  new  section  reads  as  follows : 

Sec.  4326.  In  no  case  shall  the  fees  of  a  city  justice  of  the  peace, 
town  or  city  recorder,  or  city  or  town  marshal,  for  services  in  any 
criminal  action,  be  a  charge  against  the  county. 

The  act  of  March  23,  1893  (Statutes  1893,  page  302),  relating  to 
contagious  diseases  of  domestic  animals,  is  codified  as  section  374a  of 
the  Penal  Code. 


—  60  — 

The  new  section  reads  as  follows: 

See.  374a.  Any  person  or  persons,  company,  or  corporation,  own- 
ing or  having  possession  or  control  of  any  animal  affected  by  any 
contagious  or  infectious  disease,  who  shall  fail  to  keep  the  same  within 
an  inclosure,  or  herd  the  same  in  some  place  where  they  will  be  secure 
from  contact  with  other  animals  of  like  kind  not  so  affected,  or  who 
shall  suffer  such  infected  animals  to  be  driven  on  the  public  highway 
or  to  range  where  they  will  be  likely  to  come  in  contact  wdth  other 
animals  not  so  affected,  shall  be  guilty  of  a  misdemeanor,  and,  on  con- 
viction, punished  by  a  fine  of  not  more  than  five  hundred  dollars  for 
each  offense. 

Sections  1867  and  1868  of  the  Political  Code,  relating  to  disturbing 
schools  and  insulting  teachers,  are  penal  in  character,  and  should  be 
combined  as  section  653&  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  6535.  Any  person  who  willfully  disturbs  any  public  school, 
or  any  public  school  meeting,  or  who  upbraids,  insults,  or  abuses  any 
teacher,  in  the  presence  of  the  school,  shall  be  guilty  of  a  misdemeanor, 
and  be  liable  to  a  fine  of  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

The  act  of  March  23,  1893  (Statutes  1893,  page  235),  relating  to 
the  preservation  of  hides  of  slaughtered  animals,  is  amended  and  codi- 
fied as  section  139  (new)  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  139.  Any  person  who  shall  at  any  time  kill  or  slaughter  any 
cow,  heifer,  calf,  steer,  or  bull,  shall  retain  and  keep,  in  his  possession 
the  hides  taken  off  said  animals,  with  the  ears  attached  thereto,  with- 
out any  alterations  or  disfigurations  of  the  brands  or  marks  on  said 
hide  or  ears  for  the  period  of  ten  days,  and  upon  demand  produce  the 
same  for  the  inspection  of  any  person  during  said  period.  Any  person 
or  persons  who  shall  violate  any  of  the  provisions  of  this  section  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
be  fined  in  any  sum  not  less  than  twenty  dollars  nor  more  than  one 
hundred  dollars,  or  be  imprisoned  in  the  county  jail  for  any  term  not 
less  than  ten  days  nor  more  than  ninety  days,  or  by  both  such  fine  and 
imprisonment. 

The  act  of  March  19,  1889  (Statutes  1889,  page  352),  is  codified 
as  section  172a  of  the  Penal  Code. 

The  new  section  reads  as  follows: 

Sec.  172a.  Any  person  who,  after  receiving  notice  in  writing  that 
a  person  named  in  said  notice  is  addicted  to  the  inordinate  usef  of 
intoxicating  liquors,  should  the  person  named  in  said  notice  be  so 
addicted,  shall  thereafter  within  a  period  of  twelve  months,  furnish  to 


—  61  — 

said  person  so  addicted  to  the  inordinate  use  of  intoxicating  liquors 
any  spirituous  liquors,  wines,  or  intoxicating  or  malt  liquors,  shall  be 
guilty  of  a  misdemeanor,  and  punishable  by '  imprisonment  in  the 
county  jail  not  exceeding  six  months  or  b}^  a  fine  not  exceeding  two 
hundred  dollars,  or  by  both  such  fine  and  imprisonment;  provided, 
however,  that  nothing  herein  shall  prohibit  any  regularly  licensed 
physician  from  furnishing  or  prescribing  said  licjuors  in  case  of  sickness. 

The  act  of  March  23,  1901  (Statutes  1901,  page  553),  relating  to 
the  unlawful  administering  of  drugs  to  animals  on  exhibition,  is 
amended  and  codified  as  sections  596a  and  596&  of  the  Penal  Code. 

The  new  sections  read  as  follows: 

Sec.  596a..  Any  person  or  persons,  who,  except  for  medicinal  pur- 
poses, administers  any  poison,  drug,  medicine,  or  other  noxious  sub- 
stance to  any  horse,  stud,  .mule,  ass,  mare,  horned  cattle,  neat  cattle, 
gelding,  colt,  filly,  dog,  animals,  or  other  live  stock,  entered  or  about  to 
be  entered  in  any  race  or  upon  any  race  course  in  the  State  of  Cali- 
fornia, or  entered  or  about  to  be  entered  at  or  with  any  agricultural 
park,  or  association,  race  course,  or  occupation,  or  other  exhibition  for 
competition  for  prize,  reward,  purse,  premium,  stake,  sweepstakes,  or 
other  reward;  or  to  expose  any  such  poison,  drug,  medicine,  or  noxious 
substance,  with  intent  that  the  same  shall  be  taken,  inhaled,  swal- 
lowed, or  otherwise  received  by  any  horse,  stud,  mule,  ass,  mare,  horned 
cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live  stock, 
with  intent  to  impede  or  affect  the  speed,  endurance,  sense,  health, 
physical  condition,  or  other  character  or  quality  or  the  appearance  of 
such  above  mentioned  animal,  or  other  live  stock,  is  guilty  of  a  misde- 
meanor. 

Sec.  596&.  Any  person  or  persons  who  cause  to  be  taken  by  or 
placed  upon  or  in  the  body  of  any  horse,  stud,  mule,  ass,  mare,  horned 
cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live  stock, 
entered  or  about  to  be  entered  in  any  race  upon  any  race  course  in  the 
State  of  California,  or  entered  or  about  to  be  entered  at  or  with  any 
agricultural  park,  association,  race  courae  or  corporation,  or  other 
exhibition  for  competition  for  prize,  reward,  purse,  premium,  stake, 
sweepstakes,  or  other  reward,  any  sponge  wood,  or  foreign  substance  of 
any  kind,  with  intent  to  impede  or  affect  the  speed,  endurance,  sense, 
health,  physical  condition  of  such  horse,  stud,  mule,  ass,  mare,  horned 
cattle,  neat  cattle,  gelding,  colt,  filly,  dog,  animal,  or  other  live  stock, 
is  guilty  of  a  misdemeanor. 

The  act  of  1897,  page  439,  providing  for  the  organization  and  man- 
agement of  county  fire  insurance  companies,  approved  April  1,  1897,  is 
carried  into  the  Civil  Code  as  sections  433,  434,  435,  436,  436a,  436?), 
436f,  436f?,  436c,  436/,  436f/,  436/(,  436i,  and  436i  (new  sections). 


—  62  — 

The  new  sections  read  as  follows : 

Sec.  433.  Any  number  of  persons,  not  less  than  twenty-five,  resid- 
ing in  any  county  in  this  state,  owning  insurable  property  aggrega- 
ting not  less  than  fifty  thousand  dollars  in  value,  which  they  desire 
to  have  insured,  may  incorporate  for  the  purpose  of  mutual  insurance 
against  loss  or  damage  by  fire.  Such  persons  shall  file  with  the  insur- 
ance commissioner  a  declaration  of  their  intention  to  incorporate  for  the 
purposes  expressed  in  section  433  of  this  chapter,  which  declaration 
shall  be  signed  by  all  of  the  incorporators,  and  shall  contain  a  copy  of 
the  articles  of  incorporation  proposed  to  be  adopted.  The  insurance 
commissioner  shall  examine  the  proposed,  articles  of  incorporation,  and 
if  they  conform  to  the  requirements  of  the  law,  he  shall  deliver  to 
such  person^?  a  certificate  permitting  them  to  incorporate  as  such  insur- 
ance company.  Such  certificate  shall  be  directed  to  the  clerk  of  the 
county  in  which  such  corporation  is  proposed  to  be  organized,  and 
shall  contain  a  copy  of  the  proposed  articles  of  incorporation.  Upon 
filing  with  the  county  clerk  duly  executed  articles  of  incorporation, 
•and  filing  with  the  secretary  of  state  the  certified  copies  of  the  duly 
executed  articles  of  incorporation,  as  required  by  section  two  hundred 
and  ninety-six  of  the  Civil  Code  of  the  State  of  California,  and  of 
the  certificate  above  provided  for,  the  secretary  of  state  shall  there- 
upon issue  a  certificate  of  incorporation  to  such  county  insurance 
company,  and  upon  organizing  under  such  articles  of  incorporation, 
such  county  fire  insurance  company  may  carry  on  a  fire  insurance 
business  as  hereinafter  provided.  The  articles  of  incorporation  and 
the  charter  or  certificate  obtained  by  any  county  fire  insurance  com- 
pany operating  under  the  provisions  of  this  chapter  shall  be  subject  to 
the  control  and  modification  by  the  legislature  of  the  State  of  California. 
The  by-laws  and  all  amendments  thereto  shall  be  filed  with  the  insur- 
ance commissioner  within  sixty  (60)  days  after  their  adoption. 

Sec.  434.  The  number  of  directors  shall  not  be  less  than  (7)  seven 
nor  more  than  eleven  (11),  a  majority  of  w^hom  shall  constitute  a 
quorum  to  do  business.  These  directors  shall  be  elected  from  the 
members  of  the  association  by  ballot,  and  shall  hold  office  for  one 
year,  or  until  their  successors  'are  elected  and  qualified.  The  annual 
meeting  of  the  members  of  the  company  shall  be  on  the  second  Monday 
in  January  of  each  year.  In  the  election  of  the  first  board  of  directors 
each  member  shall  be  entitled  to  one  vote.  At  every  subsequent  elec- 
tion, every  person  insured  shall  be  entitled  to  as  many  votes  as  there 
are  directors  to  be  elected,  and  an  equal  additional  number  for  every 
risk  or  risks  he  holds  in  the  company,  and  he  may  cast  the  same  in 
person  or  by  proxy,  distributing  them  among  the  directors  to  be  elected, 
or  among  a  less  number  of  directors,  or  cumulating  them  upon  one 
candidate,  as  he  shall  see  fit.     The  directors  shall  elect,  from  their 


—  63  - 

own  number,  a  president  and  a  vice-president,  and  shall  also  elect  a 
treasurer  and  a  secretary,  who  may  or  may  not  be  members  of  the 
company.  All  of  such  officers  hold  their  office  for  one  year  from  the 
date  of  their  election,  and  until  their  successors  are  elected  and  quali- 
fied. The  treasurer  and  secretary  shall  give  bonds  to  the  company  for 
tlie  faithful  performance  of  their  duties,  in  such  amounts  as  shall  be 
prescribed  bj^  the  boai«d  of  directors. 

Sec.  435.  Such  corporation  and  its  directors  shall  possess  the  usual 
powers,  and  be  subject  to  the  usual  duties  of  corporations  and  directors 
thereof,  and  may  make  such  by-laws,  not ,  inconsistent  with  the  con- 
stitution and  the  laws  of  this  state,  as  may  be  deemed  necessary  for 
the  management  of  its  affairs  in  accordance  with  the  provisions  of  this 
chapter;  also  to  prescribe  the  duties  of  its  officers  and  to  fix  their  com- 
pensation, and  to  alter  and  amend  its  by-laws,  when  necessary.  Any 
person  owning  property  in  the  count}^  for  which  any  such  company 
is  formed  may  become  a  member  of  such  company  by  insuring  therein, 
and  shall  be  entitled  to  all  the  rights  and  privileges  appertaining- 
thereto,  and  no  person  not  residing  in  th^  county  in  which  the  com- 
pany is  formed,  or  any  person  owning  property  in  any  county  adjoining 
the  county  wherein  such  company  is  formed,  as  hereinafter  provided, 
shall  become  a  director  of  such  company. 

Sec.  436.  Such  company  may  issue  policies  only  on  detached  dwell- 
ings, schoolhouses,  churches,  barns  (except  livery  and  hotel  barns), 
and  other  farm  buildings,  and  such  property  as  may  be  contained 
therein;  also  other  property  on  the  premises  owned  by  the  insured; 
hay  and  grain  in  stack  or  in  the  field,  and  live  stock  on  the  premises 
of  the  insured,  anywhere  in  the  county,  for  any  time  not  exceeding^ 
five  years,  and  not  to  extend  beyond  the  time  limited  for  the  existence 
of  the  charter,  and,  for  an  amount  not  to  exceed  four  thousand  five 
hundred  dollars  on  any  one  risk ;  provided,  that  no  company  which  has 
been  organized  more  than  six  months  shall  write  insurance  subject 
to  one  fire  exceeding  three  per  cent  of  the  amount  at  risk  upon  the 
Ijooks  of  such  company.  All  persons  so  insured  shall  give  their  obliga- 
tion to  the  company,  binding  themselves,  their  heirs  and  assigns,  to 
pay  their  pro  rata  share  to  the  company  of  the  necessary  expense 
and  of  loss  by  fire  which  may  be  sustained  by  any  member  thereof 
during  the  time  for  which  their  respective  policies  are  written,  and 
they  shall  also  at  the  time  of  effecting  the  insurance  pay  such  a  per- 
centage in  cash,  and  such  other  charges  as  may  be  required  by  the 
rules  or  by-laws  of  the  company. 

436a.  All  such  companies  must  classify  the  property  insured  therein 
at  the  time  of  issuing  policies  thereon  under  different  rates,  correspond- 
ing as  nearly  as  may  be  to  the  greater  or  less  risk  from  fire  loss  which 
may  be  attached  to  the  several  kinds  of  property  insured. 


—    64:    — 

4:361).  No  such  company  shall  insure  any  property  beyond  the 
limits  of  the  county  within  which  the  company  is  organized,  except  that 
a  company  may  insure  in  an  adjoining  county  to  the  amount  of  fifty-five 
thousand  dollars  and  no  more,  w^here  no  mutual  company  exists,  or  is 
organized  therein,  and  as  soon  as  a  mutual  company  shall  organize 
therein,  said  company  first  insuring,  and  with  its  original  place  of  busi- 
ness in  an  adjoining  county,  shall,  as  soon  as  its  policies  originally  issued 
expire  or  shall  be  canceled,  retire  therefrom,  nor  Shall  any  company  issue 
policies  of  insurance  on  any  property  within  the  limits  of  any  city  con- 
taining over  six  thousand  inhabitants  at  the  time  of  the  organization  of 
such  company;  provided,  that  no  dwelling  shall  be  insured  w^ithin  the 
corporate  limits  of  any  city  or  town  exposed  by  any  other  building 
within  one  hundred  feet,  or  by  any  other  disk  than  a  dwelling  or  private 
barn,  w-ithin  tAvo  hundred  feet  of  the  risk  assumed;  provided,  that  the 
amount  of  insurance  shall  not  exceed  seventy-five  per  cent  of  the  value 
of  the  property  and  that  no  additional  insurance  shall  be  allowed. 

436c.  Every  member  of  such  company  who  may  sustain  loss  or 
damage  by  fire  shall  immediately  notify  the  president,  or  in  his  absence, 
the  secretary  thereof,  stating  the  amount  of  damages  or  loss  sustained 
or  claimed,  and  if  not  more  than  five  hundred  dollars,  then  the  presi- 
dent and  secretary  shall  proceed  to  ascertain  the  amount  of  such  loss 
or  damage,  and  adjust  the  same.  If  the  claim  for  damage  or  loss  be 
an  amount  greater  than  five  hundred  dollars,  then  the  president  of  such 
company,  or  in  his  absence,  the  vice-president,  or  in  the  absence  of  both, 
the  secretary  thereof,  shall  forthwith  convene  the  board  of  directors 
of  such  company,  whose  duty  it  shall  be  when  convened  to  appoint 
a  committee  of  not  less  than  three  disinterested  members  of  such 
company  to  ascertain  the  amount  of  such  damage  or  loss.  If,  in  either 
case,  there  is  a  failure  of  the  parties  to  agree  upon  the  amount  of 
such  damage  or  loss,  they  shall  submit  the  C|uestion  of  the  amount 
of  such  loss  to  arbitration.  The  president  of  the  company  shall  appoint 
one  disinterested  person  to  act  as  an  arbitrator  and  the  claimant  or 
insured  shall  appoint  another,  and  if  such  two  arbitrators  fail  to 
agree  upon  the  amount  of  such  loss,  then  they  shall  select  a  third 
disinterested  person  to  act  with  them.  Such  arbitrators  so  appointed 
shall  have  full  authority  to  examine  witnesses,  and  to  do  all  other 
things  necessary  to  the  proper  determination  of  the  amount  of  loss 
sustained  by  the  claimant,  and  shall  make  their  reward  in  writing 
to  the  president  of  such  company,  and  such  award  so  as  aforesaid 
made  shall  be  final  as  to  the  amount  of  the  loss  sustained.  The  pay 
of  the  said  committee  shall  be  three  ($3)  dollars  per  day  for  each  day's 
services  so  rendered,  and  five  cents  for  each  mile  necessarily  traveled 
in  the  discharge  of  their  duties,  which  shall  be  paid  by  the  claimant, 
unless  the  award  of  such  committee  shall  exceed  the  sum  offered  by 


—  65  — 

the  company  in  liquidation  of -sueh  loss  or  damage,  in  which  case  such 
(xpense  shall  be  paid  by  the  company. 

436d.  When  the  amount  of  any  loss  shall  have  been  ascertained, 
which  exceeds  in  amount  the  cash  funds  of  the  company,  the  president 
'^hall  convene  the  directors  of  said  company,  who  shall  make  an  assess- 
ment upon  all  the  property  to  the  amount  for  which  each  several  piece 
of  property  is  insured,  taken  in  connection  with  the  rate  of  premium 
under  which  it  may  be  classified;  provided,  further,  that  the  board  of 
directors  may  at  their  annual  meeting  levy  an  assessment  not  to  exceed 
twenty-five  cents  on  the  one  hundred  dollars  on  first  class  insurance  and 
a  pro  rata  amount  on  other  classes  and  said  sum  so  raised  shall  constitute 
a  reserve  fund  to'  lie  used  in  emergency  cases  only  and  another  assess- 
ment for  this  fund  shall  not  be  made  while  this  reserve  remains  intact. 

436e.  It  shall  be  the  duty  of  the  secretary,  whenever  such  an  assess- 
ment shall  have  been  made,  to  immediately  notify  every  person  holding 
;i  risk  in  such  company,  personally,  by  an  agent,  or  by  letter  directed  to 
his  usual  post  office  address,  of  the  amount  of  such  loss  and  the  sum  due 
from  him,  as  his  share  thereof,  and  of  the  time  and  to  whom  such  pay- 
ment is  to  be  made;  but  such  time  shall  not  be  less  than  thirty  days, 
nor  more  than  ninety  days,  from  the  date  of  such  notice. 

436/'.  An  action  may  be  brought  against  any  member  of  such  com- 
pany who  shall  neglect  or  refuse  to  pay  any  assessment  made  upon  him 
l)y  the  provisions  of  this  chapter,  or  other  liabilities  due  the  company, 
and  the  directors  of  an,y  company  so  formed  who  shall  willfully  refuse 
or  neglect  to  perform  the  duties  imposed  upon  them  Ijy  law  or  by  the 
■  by-laws  of  the  company  shall  be  liable  in  their  individual  capacity  to 
the  person  sustaining  such  loss.  An  action  ma.v  also  be  brought  and 
maintained  against  any  such  company  by  memliers  thereof  for  losses 
sustained  if  payment  is  withheld  after  the  amount  of  such  losses  have 
been  determined,  and  is  due  by  the  terms  of  the  policy. 

436(/.  It  shall  be  the  duty  of  the  secretary  to  prepare  an  annual  state- 
ment, showing  the  condition  of  such  company  on  the  thirty-first  day  of 
December,  and  present  the  same  at  the  annual  meeting. 

436/i.  Any  member  of  such  company  may  withdraw  therefrom  by 
surrendering  his  policy  for  cancellation  at  any  time  while  the  organiza- 
tion continues  the  business  for  which  it  was  organized,  by  giving  notice 
in  writing  to  the  secretary  thereof  and  paying  his  share  of  all  claims 
that  may  exist  against  such  company ;  provided,  that  the  company  shall 
have  power  to  cancel  or  terminate  any  policy  by  giving  the  insured  five 
days'  written  notice  to  that  effect,  and  returning  to  him  any  excess  of 
premium  he  may  have  pajd  during  the  term  of  the  policy,  over  the  cost 
of  his  insurance,  as  measured  by  the  rates  of  standard  fire  insurance 
companies  doing  business  in  this  state. 

5 — GL 


—  66  — 

436i.  It  shall  be  the  duty  of  the  president  and  secretary,  within 
thirty  days  after  the  first  day  of  January  in  each  year,  to  prepare,  under 
their  own  oath,  and  transmit  to  the  insurance  commissioner,  a  statement 
of  the  condition  of  the  company  on  the  last  day  of  the  month  next 
preceding  the  annual  meeting.  If.  upon  examination,  the  insurance 
commissioner  finds  that  such  company  is  doing  business  correctly,  in 
accordance  with  the  provisions  of  this  chapter,  he  shall  thereupon  fur- 
nish the  company  his  certificate,  which  shall  be  deemed  authority  to 
continue  business  during  the  ensuing  year,  subject,  however,  to  the  pro- 
visions of  this  chapter.  For  such  examination  and  certificate  the  com- 
pany shall  pay  one  dollar.  Each  company  shall  pay,  at  the  time  of 
organization,  five  dollars  to  the  insurance  commissioner  for  all  services 
which  he  shall  render  in  the  matter  of  organization. 

436j.  Any  such  company  may  be  proceeded  against  and  dissolved 
in  the  manner  and  upon  the  same  conditions  as  provided  in  case  of 
other  insurance  companies  incorporated  in  this  state. 

The  act  of  April  18,  1859,  as  amended  January  13,  1864,  and  the  acts 
of  1891  and  1899  supplementary  thereto,  are  codified  as  follows:  Sec- 
tion 8  thereof  is  codified  by  amendment  of  section  296  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  296.  Every  person  who  willfully  and  maliciously  destroys, 
mutilates,  defaces,  injures,  or  removes,  any  mausoleum,  tomb,  monument, 
gravestone,  building,  or  other  structure,  placed  in  any  cemetery,  or  any 
fence,  railing,  coping,  or  other  work,  for  the  protection  or  ornament  of 
said  cemetery,  or  any  part  thereof,  or  of  any  tomb  therein,  or  who 
destroys,  cuts,  breaks,  or  injures  any  tree,  shrub,  or  plant  within  such 
cemetery,  shall  be  deemed  guilty  of  a  misdemeanor. 

The  act  of  March  20,  1905  (Statutes  1905.  page  388).  relating  to 
pa^Tiients  on  state  lands,  is  codified  as  section  3575  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  3575.  Whenever  it  shall  appear  by  final  decree  of  any  court  of 
competent  jurisdiction  that  title  to  any  lands  subject  to  sale  by  the  State 
of  California  was  obtained,  or  soiight  to  be  obtained,  by  fraudulent 
means,  or  in  any  manner  contrary  to  the  laws  of  this  state  relating  to 
the  acquisition  of  its  public  domain,  all  payments  made  in  the  interest 
of  said  fraudulent  title  shall  revert  to  the  State  of  California  without 
suit,  and  it  shall  thereupon  become  the  duty  of  the  state  surveyor  gen- 
eral and  ex  officio  register  of  the  state  hii]d  office  to  cancel  all  evidence 
of  title  to  any  land  embraced  in  such  fraudulent  or  invalid  location,  and 
to  restore  said  land  to  public  entry. 


I 


—  67  — 

The  act  of  .March  81,  1880  (Statutes  1880,  page  19),  relating  to  writs 
and  j)rocess  issued  liy  new  courts  before  they  have  seals,  is  eodilied  as 
section  80  of  the  Code  of  Civil  Procedure. 

The  new  section  reads  as  follows : 

Sec.  80.  No  writ,  process,  or  certificate  issued  by  any  superior  court, 
or  the  clerk  thereof,  before  such  court  shall  have  been  legally  provided 
with  a  seal,  shall  be  invalid,  if  in  other  respects  valid,  by  reason  of  the 
absence  of  a  lawful  seal;  but  every  vsuch  writ,  process,  or  certificate, 
whether  under  the  seal  of  one  of  the  courts  abolished  on  the  first  day 
of  January,  1880,  or  under  the  private  seal  of  the  clerk,  or  under  any 
other  seal,  or  issued  without  a  seal,  shall  have  the  same  validity  as  if  it 
had  been  authenticated  by  a  legally  adopted  seal  of  the  court  out  of 
Avhich  or  by  whose  clerk  it  was  issued. 

The  act  of  I\Iarch  20,  1874  (Statutes  1874,  page  2),  prohibiting  the 
collection  of  accounts  for  li(iuors  sold  at  retail,  is  codified  as  section 
8434  of  the  Civil  Code. 

The  new  section  reads  as  folloMs : 

Sec.  3434.  The  purchase  of,  or  the  sale  and  delivery  of  any  spir- 
ituous or  malt  lic|uors,  wine,  or  cider,  by  retail,  or  by  the  drink,  is 
hereby  declared  to  be  an  invalid  consideration  for  any  promise  to  pay, 
(U'  assumpsit  of  account  therefoi',  when  the  amount  of  such  account  or 
demand  exceeds  five  dollars ;  and  uo  court  shall,  in  any  action  at  law. 
render  judgment  for  a  greater  amount  than  five  dollars,  for  the  sale 
at  retail,  or  by  the  drink,  of  any  spii-ituous  or  malt  licpiors.  wine,  or 
cider,  together  with  costs. 

The  act  of  JMarch  10.  1891  (Statutes  1891,  page  70),  relating  to  the 
insurance  of  property  belonging  to  tlie  state,  should  l)e  codified  as  sec- 
tion 3236  of  the  Political  Code. 

The  new  section  reads  as  f oUows  : 

Sec.  3236.  No  property  belonging  to  this  state  shall  hereafter  be 
insured  against  risk  of  damage  or  destruction  by  fire,  and  no  policy  of 
fire  insurance  now  existing  upon  an.y  propert.A'  belonging  to  this  state 
shall  be  renewed  at  the  expiration  thereof,  except  the  state  printing 
office  and  its  contents. 

The  act  of  :\Iarch  23,  1893  (Statutes  1893.  page  285),  should  l)e 
codified  I's  section  689  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  689.  No  officer  or  employee  in  the  service  of  the  state  shall  have 
power  to  create  any  deficiency  in  excess  of  any  a]')pro])i'iation  (if  money 
made  by  law.  exce])t  in  case  of  actual  necessity,  aiid  only  then  upon  the 


—  08  — 

written  authority,  first  obtained,  of  the  governor,  secretary  of  state, 
and  attorney  general;  and  any  indebtedness  attempted  to  be  created 
against  the  state  in  violation  of  the  provisions  of  this  act  shall  be  abso- 
lutely null  and  void,  and  shall  not  be  allowed  by  the  state  board  of 
examiners. 

The  act  of  r^larch  6.  1872  (Statutes  1871-2.  page  282),  was  codified  as 
follo"\vs:  Section  1  by  amendment  of  section  502.  and  section  2  by 
amendment  of  section  502a  of  the  Penal  Code. 

The  amended  sections  read  as  follows : 

502a.  Every  person  who  shall  convert  an}^  manner  of  real  estate  into 
personal  property,  by  severing  the  same  from  the  realty  of  another, 
with  felonious  intent  to  and  shall  so  steal,  take,  and  carry  away  the 
same,  shall  be  deemed  guilty  of  larceny,  and  upon  conviction  thereof, 
shall  be  punishable  by  imprisonment  in  the  state  prison  for  any  term 
not  less  than  one  year  nor  more  than  fourteen  years. 

502&.  Every  person  who  shall  convert  any  manner  of  real  estate,  of 
the  value  of  under  fifty  dollars,  into  personal  property',  by  severing  the 
same  from  the  realty  of  another  with  felonious  intent,  and  shall  so 
steal,  take,  and  carry  away  the  same,  shall  be  deemed  guilty  of  petit 
larceny,  and  upon  conviction  thereof  shall  be  punishable  by  imprison- 
ment in  the  cotinty  jail  for  a  period  not  more  than  one  year  or  by  fine 
not  exceeding  one  thousand  dollars,  or  by  both  such  fine  and  imprison- 
ment. 

The  act  of  March  16,  1901  (Statutes  1901,  page  515),  relating  to  the 
powers  of  the  state  board  of  prison  directors,  is  codified  as  sections 
1597  and  1598  (new)  to  the  Penal  Code. 

The  new  sections  read  as  follows : 

Sec.  1597.  The  state  board  of  prison  directors  are  authorized  and 
empowered  to  purchase  California  grown  hemp,  to  be  used  in  the  manu- 
facture of  grain  bags,  and  to  pay  for  the  same  from  the  revolving  fund 
created  by  law  for  the  purchase  of  jute.  The  price  for  which  grain 
bags  made  at  said  prison  from  hemp  shall  be  sold  shall  be  fixed  by  the 
state  board  of  prison  directors,  in  the  same  manner  as  the  price  of  bags 
made  from  jute  is  now  by  law  fixed  by  said  board. 

Sec.  1598.  The  costs  and  expenses  of  all  trials  which  have  heretofore 
been  had  in  the  county  in  this  state  where  the  state  prison  is  situated, 
for  any  crime,  committed  by  any  convict  in  the  state  prison,  and  the 
costs  of  guarding  and  keeping  such  convict,  and  the  execution  of  the 
sentence  of  said  convict  by  said  county,  and  the  costs  and  expenses  of 
all  trials  heretofore  had  for  the  escape  of  any  convict  from  the  state 
prison,  and  the  costs  and  expenses  of  all  coroner  inquests  heretofore 
had  of  any  convict  at  the  state  prison  by  the  county  where  said  prison 


---  69  — 

has  been  situated  shall  be  certified  to  by  the  county  clerk  of  said  county 
wherein  said  trials  and  inquests  have  been  held  to  the  board  of  state 
prison  directors  for  their  approval,  and  after  such  approval  they  shall 
pay  the  same  out  of  the  money  appropriated  for  the  support  of  the* 
state  prison  to  the  county  treasurer  of  said  county  where  said  trials  have 
been  had ;  provided,  that  this  act  shall  not  apply  to  any  costs  or  expenses 
incurred  since  January  first,  eighteen  hundred  and  seventy-three.  This 
section  shall  only  apply  to  cases  which  have  not  been  settled  for  by  the 
state. 

The'aet  of  March  9.  1893  (Statutes  1893,  page  109),  relating  to  claims 
of  counties  against  the  state,  is  codified  as  section  3881  (new)  of  the 
Political  Code. 

The  new  section  reads  as  follows : 

Sec.  3881.  On  the  presentation  of  the  claim  of  any  county  in  this 
state,  or  treasurer  thereof,  to  the  state  controller  for  commissions, 
charges,  or  fees  fixed  or  directed  to  be  allowed  by  law  for  the  collection 
of  state  taxes,  the  said  commissions,  charges,  or  fees  for  which  claim  is 
made,  not  having  been  allowed  by  the  state,  and  the  same  having  been 
paid  into  the  state  treasury,  thereupon  the  state  controller  shall,  in  the 
next  settlement  thereafter  to  be  made  with  the  treasurer  of  the  county 
l)resenting  such  claim,  allow  to  be  retained  out  of  any  moneys  then  in 
the  hands  of  such  treasurer  belonging  to  the  state  the  amount  of  such 
claim;  provided,  however,  that  the  moneys  thus  retained  shall  be  paid 
into  the  county  treasurA%  and  shall  be  the  property  of  such  county. 

The  act  of  February  13,  1872  (Statutes  1871-2,  page  96),  to  prevent 
the  destruction  of  forests  by  fires  on  public  lands,  is  codified  by  includ- 
ing the  same  in  the  provisions  of  section  384a  of  the  Penal  Code,  cov- 
ering the  same  subject-matter. 

The  section  as  amended  reads  as  follows : 

Sec.  384a.  Any  person  or  persons  who  shall  willfully  and  delib- 
erately set  fire  to  any  wooded  country  or  forest  belonging  to  this  state, 
or  the  United'  States,  within  this  state,  or  to  any  place  from  Avhich  fire 
shall  be  communicated  to  any  such  wooded  country  or  forest,  or  who 
shall  accidentally  set  fire  to  any  such  wooded  country  or  forest,  or  to  any 
place  from  whii-h  fire  shall  be  communicated  to  any  such  wooded 
coimtry  or  forest,  and  shall  not  extinguish  the  same,  or  use  every  effort 
to  that  end,  or  who  shall  build  any  fire,  for  lawful  purpose  or  otherwise, 
in  or  near  any  such  wooded  country,  or  forest,  and  through  carelessness 
or  neglect  shall  permit  said  fire  to  extend  to  and  burn  through  such 
wooded  country  or  forest,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  before  a  court  of  competent  jurisdiction  shall  be  punish- 
able by  fine  not  exceeding  one  thousand  dollars  or  imprisoinueiit   not 


—  TO  — 

exceeding  one.  rear,  or  by  both  sneli  fine  and  imprisonment ;  provided. 
that  nothing  iierein  contained  shall  appl^y  to  any  person  who  in  good 
faith  shall  set  a  back-fire  to  prevent  the  extension  of  a  fire  already 
bnrning.  All  fines  collected  under  this  act  shall  be  paid  into  the  county 
treasury  for  the  benefit  of  the  common  school  fund  of  the  county  in 
which  they  are  collected. 

The  acts  of  March  13,  18(S;}  (Statutes  1883.  page  298),  providing  for 
the  disposal  of  surplus  moneys  in  the  building  fund  of  school  districts, 
is  codified  as  section  1892  (new)  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  1892.  xMl  moneys  that  have  been  or  shall  be  raised  by  special 
tax  for  the  purpose  of  erecting  school  buildings,  that  shall  remain  in  the 
hands  of  the  county  treasui'er  after  all  lionds  that  have  been  or  may  be 
issued  on  account  of  such  buildings  shall  have  been  redeemed,  and  all 
other  indebtedness  arising  on  account  of  such  buildings  shall  have  been 
liquidated,  shall  be  placed  in  the  county  school  fund  of  the  school  dis- 
trict for  which  such  moneys  were  raised.  sul)jeet  to  the  order  of  the  trus- 
tees of  said  district. 

The  act  of  March  16,  1903  (Statutes  1903,  page  163),  relating  to  the 
change  of  name  of  school  districts,  is  codified  as  section  1575a  of  the 
Political  Code  (new). 

The  new  section  reads  as  follows : 

Sec.  1575r/.  Whenever  a  petition  shall  be  presented  to  the  board  of 
supervisors,  signed  by  at  least  fifteen  qualified  electors  of  said  district, 
asking  that  the  name  of  any  school  district  be  changed,  the  said  board  of 
supervisors  shall  designate  a  day  upon  which  they  will  act  upon  such 
])etition,  which  day  must  not  be  less  than  ten  days  nor  more  than  forty 
days  after  the  receipt  thereof.  The  clerk  of  the  said  board  of  super- 
visors must  give  notice,  by  sending  by  registered  mail  to  each  of  the 
trustees  of  such  school  district,  -a  notice  of  the  time  set  for  the  hearing 
of  said  petition,  which  notice  must  be  mailed  at  least  ten  days  before  the 
day  set  for  hearing:  whereupon,  the  board  shall  by  resolution  either 
grant  or  deny  the  petition,  and  if  granted,  the  clerk  shall  notify  the 
county  superintendent  of  the  change  of  the  name  of  said  district. 

The  act  of  I\larch  20.  1903  (Statutes  1903.  page  289),  regulating 
the  use  of  illuminating  gas.  is  codified  as  section  653  (new)  of  the 
Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  653f .  Every  hotel  keeper,  lodging-house  keeper,  and  innkeeper, 
or  keeper  of  any  place  where  rooms  are  let  to  lodgers  in  which  or  any 
of  which  such   places   illuminating   gas   is   used,   who   shnll   turn   off. 


—  71  — 

(.r  cause  to  be  turned  off  at  the  meter,  the  flow  of  such  illuminating 
gas  during  the  time  of  the  use  of  any  such  room  or  rooms,  shall  be 
guilty  of  a  misdemeanor;  provided,  hoivever,  that  this  act  shall  not 
apply  to  any  of  the  persons  herein  enumerated  when  such  person  or 
persons  shall  have  connected  every  exit  orifice  upon  the  gas  fixtures" 
used  in  such  place  or  places  with  a  practical  and  safe  automatic  gas 
igniter. 

The  act  of  March  10,  1891  (Statutes  1891,  page  56),  relating  to  costs 
in  civil  actions,  is  codified  as  section  1020  (new)  of  the  Code  of  Civil 
Procedure. 

The  new  section  reads  as  follows : 

Sec.  1020.  In  all  civil  actions  when  a  summons  or  subpoena  is  served 
l\v  a  person  other  than  the  sheriff,  the  person  so  serving  shall  be  allowed 
by  the  court  issuing  the  process  such  sum  as  the  court  may  think  proper, 
not  exceeding  the  amount  allowed  sheriffs  by  law. 

The  act  of  Januar}^  23,  1893  (Statutes  1893,  page  5),  is  codified  as 
section  4304  (new)  of  the  Political  Code,  relating  to  fees  of  justices, 
constables,  city  recorder,  and  city  marshal  against  county. 

The  new  section  reads  as  follows : 

Sec.  4303.  All  commissions  or  fees  paid  b}^  the  state  to  the  officers 
of  any  county,  or  city  and  county,  for  services  rendered  in  the  assess- 
ment, equalization,  auditing,  and  collection  of  ad  valorem  taxes,  are 
hereby  abolished;  provided,  that  this  shall  not  affect  the  commissions 
paid  to  the  assessor  of  the  several  counties  for  services  rendered  in  the 
collection  of  personal  property  taxes,  as  provided  by  chapter  eight  of 
the  Political  Code,  or  the  mileage  allowed  to  the  treasurer  of  the  several 
counties,  or  cities  and  counties,  in  making  settlements  with  the  state,  as 
provided  by  section  three  thousand  eight  hundred  and  seventy-six  of  the 
Political  Code. 

The  act  of  March  18,  1905  (Statutes  1905,  page  243),  relating  to  the 
organization  of  school  districts,  is  codified  as  section  1580  (new)  of  the 
Political  Code. 

The  new  section  reads  as  follows  : 

Sec.  158€.  4^11  school  districts  in  this  state  that  for  a  period  of 
five  (5)  years  have  been  acting  as  school  districts  under  the  laws  of 
this  state,  are  hereby  declared  to  be  duh'  incorporated,  and  to  be  bodies 
politic  under  the  laws  of  this  state,  and  as  such  school  districts,  under 
their  appropriate  names,  shall  have  all  the  rights  and  pri\ileges  and  be 
subjected  to  all  of  the  duties  and  obligations  of  duly  incorporated 
school  districts. 


—  72  — 

The  act  of  March  18,  1905  (Statutes  1905,  page  l85),  relating  to 
the  exchange  of  commodities  between  the  public  institutions,  is  codified 
as  sections  686,  687  and  688  of  the  Political  Code. 

The  new  sections  read  as  follov/s : 
■  Sec.  686.  It  shall  be  the  duty  of  the  state  board  of  examiners  to 
arrange,  so  far  as  may  be  practical,  for  an  exchange  of  surplus  products, 
either  manufactured  or  natural,  between  the  several  public  institu- 
tions owned  or  managed  and  controlled  by  the  state,  or  the  political 
divisions  thereof. 

Sec.  687.  It  shall  be  the  duty  of  the  state  board  of  examiners  to  so 
distribute  and  arrange,  with  the  assistance  of  the  boards  of  managers, 
directors,  or  trustees  of  the  several  institutions  referred  to  in  section  686 
of  this  code,  the  labor  and  industry  of  their  inmates  that  it  will  prove 
conducive  to  their  mutual  assistance,  with  a  view  of  advancing  the 
economic  management  of  all  the  institutions  owned  or  managed  and 
controlled  by  the  state,  or  the  political  divisions  thereof:  and  no  part 
of  such  surpliLs  products  shall  not  be  sold  or  disposed  of  to  any  indi- 
vidual, corporation,  or  association  not  connected  with  the  state,  or  any 
political  division  thereof,  so  long  as  there  shall  lie  any  demand  for  any 
such  products  by  any  public  institutions  owned  or  managed  and  con- 
trolled by  the  state,  or  the  political  divisions  thereof.  In  estimating 
the  value  of  such  articles  for  the  pui-pose  of  such  exchange  or  sale 
between  public  institutions,  the  cost  of  producing  or  raising  such 
products,  with  ten  per  centum  added,  shall  be  the  sale  price  thereof. 

Sec.  688.  Each  institution  shall  notify  the  state  board  of  examiners 
what  surplus  products  they  have  to  dispose  of,  under  the  two  preceding 
sections  of  this  code,  and  the  state  board  of  examiners  shall  notify  all 
the  other  institutions  owned  or  managed  and  controlled  by  the  state, 
or  the  political  divisions  thereof,  that  .such  articles  can  be  procured  and 
where,  and  the  state  board  of  examiners  shall  allow  no  claims  for 
the  purchase  of  any  products  from  any  individual,  corporation,  or 
association,  so  long  as  the  same  might  have  been  procured  from  a  stati' 
institution  after  it  had  been  duly  notified  of  that  fact. 

The  act  of  I\Iarch  23,  1901  (Statutes  1901,  page  666).  relating  to 
the  appointment  of  policemen  on  cars  or  boats  of  railroad  and  steam- 
ship companies,  is  codified  as  section  728  (new)  of  the  Penal  Code. 

The  new  section  reads  as  follows : 

Sec.  .728.  The  governor  of  the  State  of  California  is  hereby  author- 
ized and  empowered,  upon  the  application  of  any  railroad,  street  rail- 
road, or  steamboat  company,  to  appoint  and  commission,  during  his 
pleasure,  one  or  more  persons  designated  by  such  company  and  to 
serve  at  the  expense  of  such  company,  as  policeriian  or  policemen,  with 
the  powers  of  peace  officers,   and  who,  after  being  duly  sworn,  may 


—  73  — 

act  as  such  policeman  or  policemen  upon  the  premises,  cars,  or  boat« 
of  such  company.  The  company  designating  such  person  or  persons 
shall  be  responsible  civilly  for  any  abuse  of  his  or  their  authority. 
Every  such  policeman  shall,  when  on  duty,  wear  in  plain  view  a  shield 
bearing  the  words  "railroad  police."  or  "steamboat  ])olice,"  as  the 
case"  may  be,  and  the  name  of  the  comj^any  for  which  he  is  com- 
missioued. 

The  act  of  JMarch  18.  I'JOo  (Statutes  1905,  page  123),  relating  to 
the  registration  of  bonds  issued  by  school  districts,  is  codified  as  sec- 
tions 1893  and  189-1  of  the  Political  Code. 

The  new  sections  read  as  follows : 

Sec.  1893.  Whenever  the  owner  of  any  coupon  bond,  or  of  auy  bond 
payable  to  bearer,  already  is;sued  or  hereafter  issued  by  any  common 
school,  high  school,  or  union  high  school  districts  now  or  hereafter  exist- 
ing in  this  state,  shall  present  any  such  bond  to  the  treasurer  or  other 
officer  of  the  county  in  which  such  district  is  located,  who  by  law  per- 
forms the  duties  of  treasurer,  with  a  request  for  the  conversion  of  such 
bond  into  a  registered  bond,  such  treasurer,  or  such  other  officer,  shall 
cut  off  and  cancel  the  coupons  of  any  such  coupon  bond  so  presented, 
and  shall  stamp,  print,  or  write  upon  such  coupon  bond,  or  such  other 
bond  payable  to  bearer,  so  presented,  either  upon  the  back  or  upon  the 
face  thereof,  as  may  be  convenient,  a  statement  to  the  effect  that  the  said 
bond  is  registered  in  the  name  of  the  owner,  and  that  thereafter  the 
interest  and  principal  of  said  bond  are  payable  to  the  registered  owner. 
Thereafter,  and  from  time  to  time  any  such  bond  may  be  transferred 
by  such  registered  owner  in  person,  or  by  attorney  duly  authorized  on 
presentation  of  such  bond  to  such  treasurer,  or  such  other  officer,  and 
the  bond  be  again  registered  as  before,  a  similar  statement  being 
stamped,  printed,  or  written  thereon.  Such  statement  stamped,  printed, 
or  written  upon  such  ])ond  may  be  in  substantially  the  following  form : 

.    (Date,  giving  month,  year,  and  day.) 

This  bond  is  registered  pursuant  to  the  statute  in  such  cases  made  and 

provided  in  the  name  of (here  insert 

name  of  owner)  and  the  interest  and  principal  thereof  are  hereafter 
payable  to  such  owner. 


Treasurer  (or  such  other  officer). 

After  any  bond  shall  have  been  registered  as  aforesaid,  the  principal 
and  interest  of  such  bond  shall  be  payable  to  the  registered  owner. 
Such  treasurer  or  such  other  officer,  shall  keep  in  his  office  a  book  or 
book^  which  shall  at  all  times  show  wluit  bonds  are  registered  and  iu 
whose  names  respectively. 


—  74  — 

!Sec.  1894.  Whenever  under  any  statute  or  law  of  this  state  any 
bonds  are  issued,  whether  the  proceedings  for  the  issuance  of  such  bonds 
have  been  had  in  whole  or  in  part  prior  to  the  enactment  of  this 
statute,  or  whether  the  same  have  been  had  in  whole  or  in  part  after  the 
enactment  of  this  statute,  such  bonds  may  be  issued  either  in  the  form 
of  coupon  bonds,  or  in  the  form  of  registered  bonds,  or  some  in  the  form 
of  coupon  bonds  and  some  in  the  form  of  registered  bonds,  as  has  been 
or  hereafter  may  be  provided  in  the  proceedings  for  the  issuance  of 
such  bonds  and  notwithstanding  any  language  or  provision  to  the  con- 
trary contained  in  any  such  statute  authorizing  the  issuance  of  the 
bonds,  or  in  any  other  law  of  the  state.  The  provisions  of  section  one 
of  this  act  shall  apply  to  coupon  bonds,  so  issued,  as  well  as  to  other 
coupon  bonds,  or  other  bonds  payable  to  bearer. 

The  act  of  February  20,  1889  (Statutes  1889,  page  32),  requiring  a 
general  vaccination  in  the  State  of  California,  is  codified  as  sections 
2995,  2996,  2997,  2998,  and  2999  of  the  Political  Code. 

The  new  sections  read  as  follows : 

Sec.  2995.  The  trustees  of  the  several  common  school  districts  in  this 
state,  and  boards  of  common  school  government  in  the  several  citi6s  and 
towns,  are  directed  to  exclude  from  the  benefits  of  the  common  schools 
therein  any  child  or  any  person  who  has  not  been  vaccinated  until  such 
time  when  said  child  or  person  shall  have  been  successfully  vaccinated ; 
provided,  that  any  practicing  and  licensed  physician  may  certify  that 
the  child  or  person  has  used  due  diligence  and  can  not  be  vaccinated  so 
as  to  produce  a  successful  vaccination,  whereupon  such  child  or  person 
shall  be  excepted  from  the  operation  of  this  act. 

Sec.  2996.  The  school  trustees  or  local  boards  of  education  must, 
annually,  or  at  such  special  times  to  be  stated  by  the  state  board  of 
health,  give  at  least  ten  days '  notice,  by  posting  a  notice  in  two  or  more 
public  and  conspicuous  places  within  their  jurisdiction,  that  provision 
lias  been  made  for  the  vaccination  of  any  child  of  school  age  wiio  may 
desire  to  attend  the  common  schools,  and  whose  parents  or  guardians 
are  pecuniarily  or  otherwise  unable  to  procure  vaccination  for  such 
child,  stating  the  name  and  address  of  the  physician  or  physicians  with 
whom  such  provision  has  been  made. 

Sec.  2997.  The  said  trustees  or  board  must  every  year  ascertain  the 
number  of  children  or  persons  in  their  respective  school  districts  or 
subdivisions  of  the  city  school  government  being  of  an  age  suitable  to 
attend  common  schools  who  have  not  been  already  successfully  vac- 
cinated, and  make  a  list  of  the  names  of  all  such  children  or  persons. 
It  also  shall  be  duty  of  said  trustees  or  board  to  provide  for  the  vaccina-- 
tion  of  all  such  children  or  persons  in  their  respective  school  districts 
a  good  and  reliable  vaccine  virus  wherewith  to  vaccinate  such  children 


—  75  — 

or  persons  who  have  not  been  vaccinated ;  and  when  so  vaccinated,  to 
give  a  certificate  of  vaccination,  wliich  certificate  shall  be  evidence 
thereof  for  the  purpose  of  compl^ang  with  section  2995. 

See.  2998.  The  necessary,  expenses  incurred  by  the  provisions  of  this 
act  shall  be  paid  out  of  the  common  school  moneys  apportioned  to  the 
district,  city,  or  town ;  and  if  there  be  not  sufficient  money,  the  trustees 
must  notify  the  board  of  supervisors  of  the  amount  of  money  necessary, 
and  the  board  must,  at  the  time  of  levying  the  county  tax,  levy  a  tax 
upon  the  taxable  property  in  the  district  sufKcient  to  raise  the  amount 
needed.  The  rate  of  taxation  is  ascertained  by  deducting  fifteen  per 
cent  for  deliucpiencies  from  the  assessment,  and  the  rate  must  be  based 
upon  the  remainder.  The  tax  so  levied  must  be  computed  and  entered 
upon  the  assessment  roll  by  the  county  auditor  and  collected  at  the 
same  time  and  in  the  same  manner  as  state  and  county  taxes,  and  when 
collected  shall  be  paid  into  the  county  treasury  for  the  use  of  the 
district. 

Sec.  2999.  The  trustees  of  the  several  school  districts  of  this  state 
must  include  in  their  .annual  report,  and  report  to  the  secretary  of  the 
state  board  of  health,  the  number  in  their  several  districts  between  the 
ages  of  five  and  seventeen  years  who  are  vaccinated,  and  the  number 
unvaccinated. 

The  act  of  ]\Iarch  23,  1872  (Statutes  1872,  page  533),  relating  to 
actions  of  libel  and  slander,  is  codified  as  sections  1040,  1041,  and  1042 
of  the  Code  of  Civil  Procedure. 

The  new  sections  read  as  follows : 

Sec.  1040.  In  an  action  for  libel  or  slander  the  clerk  shall,  before 
issuing  the  summons  therein,  require  a  written  undertaking  on  the  part 
of  the  plaintiff  in  the  sum  of  five  hundred  ($500)  dollars,  with  at  least 
two  competent  and  sufficient  sureties,  specifying  their  occupations  and 
residences,  to>  the  effect  that  if  the  action  l^e  dismissed  or  the  defendant 
recover  judgment,  that  they  will  pay  such  costs  and  charges  as  may  be 
awarded  against  the  plaintiff"  by  judgment,  or  in  the  progress  of  the 
action,  or  ou  appeal,  not  exceeding  the  sum  specified  in  the  undertaking. 
An  action  brought  without  filing  the  undertaking  required  shall  be  dis- 
missed. Each  of  the  sureties  on  the  undertaking  mentioned  in  this 
section  shall  annex  to  the  same  an  affidavit  that  he  is  a  resident  and 
householder  or  free  holder  within  the  county,  and  is  worth  double  the 
amount  specified  in  the  undertaking  over  and  a])Ove  all  his  just  debts 
and  liabilities,  exclusive  of  property  exempt  from  execution. 

Sec.  1041.  Within  ten  days  after  the  service  of  the  summons  the 
defendants,  or  either  of  them,  may  give  to  the  plaintiff  or  his  attorney 
notice  that  they  or  he  except  to  the  sureties  and  require  their  justifica- 
tion before  a  jn.dge  of  the  court  at  a  specified  time  and  place,  the  time  to 


—  76  — 

be  not  less  than  five  nor  more  than  ten  days  thereafter,  except  by 
consent  of  parties.  The  qnalifications  of  the  sureties  shall  be  as  reciuired 
in  their  affidavits.  For  the  purpose  of  .justification,  each  of  the  sure- 
ties shall  attend  before  the  .judge  at  the  time  and  place  mentioned  in 
the  notice,  and  may  be  examined  on  oath  touching-  his  sufficiency  in  such 
manner  as  the  judge  in  his  discretion  shall  tliink  proper.  The  examina- 
tion shall  be  reduced  to  writing  if  either  party  desires  it.  If  the  judge 
finds  the  undertaking  sufficient,  he  shall  annex  the  examination  tc  the 
undertaking,  and  indorse  his  approval  thereon.  If  the  sureties  fail  to 
appear,  or  the  judge  finds  the  sureties  or  either  of  them  insufficient,  he 
shall  order  a  new  undertaking  to  be  given.  The  judge  may  also  at  any 
time  order  a  new  or  additional  undertaking  upon  proof  that  the  sureties 
have  become  insufficient.  In  case  a  new  or  additional  undertaking  is 
ordered,  all  proceedings  in  the  case  shall  be  stayed  until  such  under- 
taking is  executed  and  filed,  with  the  approval  of  the  judge,  and  if  the 
undertaking  be  not  filed  in  five  days  after  the  order  therefor,  tlie  judge 
or  court  shall  order  the  action  to  be  dismissed. 

Sec.  1042.  In  case  plaintiff  in  an  action  for  libel  and  slander 
recovers  judgment,  he  shall  be  allowed  as  costs  one  hundred  ($100)  dol- 
lars,' to  cover  counsel  fees,  in  addition  to  the  other  costs.  In  case  the 
action  is  dismissed,  or  the  defendant  recover  judgment,  he  shall  be 
allowed  one  hundred  ($100)  dollars  to  cover  counsel  fees,  in  addition  to 
the  other  costs,  and  judgment  therefor  shall  be  entered  accordingly. 

The  act  of  March  19,  1908  (Statutes  li){)8.  page  210).  is  codified  as 
section  2329  of  the  Political  Code. 

The  new  section  reads  as  follows  : 

Sec.  2329.  No  inmate  of  any  state  institution  shall  l)e  employed  in 
the  manufacture  or  production  of  any  article  intended  for  the  private 
and  personal  use  of  any  state  officer,  oi'  officer  or  employee  of  an}'  state 
institution;  provkled,  that  this  act  shall  not  prevent  repairing  of  any 
kind  nor  the  employment  of  sueli  iumafes  in  household  or  domestic  work 
connected  with  such  institution. 

The  act  of  I\[arch  20,  1905  (Statutes  1905,  page  477),  regulating  the 
charges  and  costs  of  bonds  of  receivers  and  others,  is  codified  as  section 
1060  (new)  of  the  Code  of  Civil  Procedure. 

The  new  section  reads  as  follows : 

Sec.  1060.  Any  receiver,  assignee,  trustee,  guardian,  administrator, 
or  executor,  required  by  law  or  by  the  order  of  court  to  give  a  bond  as 
such,  shall  be  allowed  as  part  of  the  lawful  expense  of  executing  his 
trust,  the  sum  paid  for  such  bond  not  exceeding,  however,  one  half  (I/2) 
of  one.  (1)  per  centum  of  the  amount  of  such  bontl.  for  each  year  tliat 
fhe  same  shall  remain  in  force. 


—  77   — 

The  act  of  March  25,  1903  (Statutes  1903,  page  -176),  relating  to  the 
payment  of  premiums  on  bonds  of  officials  by  the  state  or  counties,  or 
cities,  or  cities  and  counties,  of  the  State  of  California,  is  codified  as  sec- 
tion 988  (new)  of  the  Political  Code. 

The  new  section  reads  as  follows :. 

Sec.  988.  The  premium  or  charge  for  bonds  given  by  surety  com- 
panies for  state  officials,  count  officials",  city  officials,  or  city  and  county 
officials,  shall  be  paid  by  the  state,  county,  city,  or  city  and  county 
respectively ;  provided^  Jioivever,  that  no  premium  or  charge  shall  exceed 
one  half  of  one  per  cent  per  annum  on  the  amount  of  such  bond ;  and 
provided  further,  that  this  section  shall  not  apply  to  notaries  public. 

The.  act  of  ]March  18,  1905  (Statutes  1905,  page  102),  perpetuating 
the  markings  of  the  government  surveys,  is  codified  as  section  4221 
fnew)  of  the  Political  Code. 

The  new  section  reads  as  follows  : 

Sec.  4221.  When  in  the  performance  of  his  official  duties  any  county 
surveyor  shall  find  a  government  corner  which  has  been  marked  by  any 
government  surveyor  by  placing  charcoal  in  the  ground,  or  by  a  wooden 
stake,  earth  mound,  or  other  perishable  monument,  it  shall  be  his  duty 
to  re-mark  said  corner  by  placing  therein  a  monument  of  heavily 
galvanized  iron  pipe  or  galvanized  iron  stake,  not  less  than  two  inches 
in  diameter  and  not  less  than  two  feet  long,  or  other  monument  not 
less  in  size  and  equally  imperishable,  to  be  furnished  by  the  county. 
All  such  monuments  located  in  public  highways  shall  be  placed  with 
the  top  not  less  than  twelve  inches  below  the  surface  of  the  ground,  but 
when  not  located  in  public  highways  they  shall  be  placed  with  the  top 
six  inches  above  the  surface  of  the  ground.  If  the  top  of  the  monument 
is  placed  above  the  ground,  it  shall  be  not  less  than  four  feet  long,  if 
of  metal.  The  surveyor  shall  note  witness  objects  that  are  within  a 
reasonable  distance  of  any  corner,  and  state  distance  and  course  from 
said  corner,  and  record  the  same  in  a  properly  indexed  record  book  kept 
in  the  county  surveyor's  office,  which  shall  be  a  public  record. 

The  act  of  March  18,  1905  (Statutes  1905,  page  115),  relating  to  the 
issuance  and  ;:'egistration  of  burial  and  disinterment  permits,  is  codified 
as  sections  3074yo,  30751/^,  3080a,-  30806,  3080r,  3080c?,  3080e,  3080/', 
3080(7,  3080/(,  3080/,  3080J,  and  3084  of  the  Political  Code. 

The  new  sections  read  as  follows : 

Sec.  30741/..  The  State  of  California  shall  be  divided  into  registra- 
tion ^listricts  as  follows:  Each  city  and  county,  city,  and  incorporated 
town,  and  each  county  exclusive  of  the  portion  included  within  cities 
and  incorporated  towns,  shall  constitute  a  primary  registration  district. 


—  78  — 

Sec.  30751/2-  That  the  recorder  of  each  county  and  city  and  county, 
and  the  clerk  of  each  city  or  incorporated  town,  shall  be  the  local  regis- 
trar in  and  for  such  primary  registration  district,  and  shall  perform  all 
such  duties  of  local  registrar  as  hereinafter  provided ;  provided,  hoiv- 
ever,  that  in  cities  having  a  f reehoklers '  charter  the  health  officer  shall 
act  as  local  registrar  and  perform  all  the  duties  thereof.  Each  local 
registrar  shall  immediately  appoint,  in  writing,  a  deputy  who  shall  be 
authorized  to  act  in  his  stead  in  case  of  absence,  death,  illness,  or  dis- 
ability, and  whe.n  it  may  appear  necessary  for  the  convenience  of  people 
in  any  registration  district,  the  local  registrar  is  hereby  authorized,  with 
the  approval  of  the  state  registrar  of  vital  statistics,  to  appoint  one 
or  more  proper  and  competent  persons  to  act  as  subregistrars,  who  shall 
be  authorized  to  receive  certificates  of  death  and  to  issue  burial  permits 
or  removal  permits  in  and  for  such  portions  of  the  registration  district 
as  may  be  designated.  Each  subregistrar  shall  note,  in  legible  writing 
over  his  signature,  the  date  each  certificate  of  death  was  filed,  and  shall 
forthwith  forward  the  certificate  to  the  local  registrar  of  the  resignation 
district,  and  in  all  cases  before  the  fifth  day  of  the  following  month ; 
provided,  that  all  subregistrars  shall  be  subject  to  the  supervision  and 
control  of  the  state  registrar  of  vital  statistics. 

See.  3080a.  That  the  body  or  remains  of  no  person  whose  death 
occurs  in  the  state  shall  be  interred,  deposited  in  a  vault,  grave  or 
tomb,  cremated,  disinterred,  or  otherwise  disposed  of.  oi-  removed  from 
or  into  any  registration  district  until  a  permit  for  burial,  disinterment, 
or  removal  shall  have  been  properly  issued  by  the  registrar  of  the 
registration  district  in  which  the  death  occurs,  except  in  the  case  where 
there  are  two  or  more  registration  districts  Avithin  the  same  county, 
or  where  there  are  two  contiguous  registration  districts  not  in  the  same 
county,  a  body  may  be  removed  from  the  registration  district  where  the 
death  occurred  to  another  registration  district  within  the  same  county, 
or  contiguous  registration  districts  in  different  counties,  for  the  purpose 
of  preparing  said  body  for  burial  or  shipment;  provided,  that  before 
such  burial  or  shipment  the  undertaker,  sexton,  or  other  person  in 
charge,  shall  have  first  secured  a  permit  for  the  interment  or  removal  of 
said  body  from  the  registrar  of  the  registration  district  Avhere  the  death 
occurred.  And  no  such  burial  or  removal  permit  shall  be  issued  by 
any  registrar  until  a  complete  and  satisfactory  certificate  and  return 
of  the  death  has  been  filed  with  him,  as  hereinafter  required ;  provided. 
that  in  case  of  any  death  outside  of  the  state,  where  the  body  is  accom- 
panied by  a  removal  or  transit  permit  issued  in  accordance  with  the 
law  and  the  health  regulations  in  force  where  the  death  occurred,  such 
removal  or  transit  permit  shall  be  accepted  as  of  the  same  authorit.A- 
as  a  permit  from  the  local  registrar  when  such  removal  or  transit  permit 


—  79  — 

shall  have  indorsed  tliereon  the  written  approval  of  the  state  registrar 
of  vital  statistics,  or  when  said  state  registrar  otherwise  officially  notifies 
the  local  registrar  of  his  approval. 

Sec.  30806.  Stillborn  children,  or  those  dead  at  birth,  shall  be  regis- 
tered as  deaths  under  this  act,  and  a  certificate  of  death  and  burial 
or  removal  permit  in  usual  form  shall  be  required.  The  medical  certifi- 
cate of  cause  of  death  shall  be  signed  by  the  attending  physician  or 
midwife,  and  shall  state  the  cause  of  death  as  "stillborn,"  with  the 
cause  of  the  stillbirth,  if  known,  whether  a  premature  birth,  and,  if 
bom  prematurely,  the  period  of  uterogestation  in  months,  if  known. 

Sec.  3080f.  That  the  certificate  of  death  shall  be  of  the  standard 
form  recommended  by  the  United  States  census  office  and  the  American 
public  health  association,  and  shall  contain  the  following  items : 

(1)  Place  of  death,  including  state,  county,  township  or  town,  city, 
or  village.  If  in  a  city,  the  ward,  street,  and  house  number.  If  in  a 
hospital  or  other  institution,  the  name  of  the  same  to  be  given  instead 
of  the  street  and  house  number. 

(2)  Full  name  of  decedent.  If  an  unnamed  child,  the  surname, 
preceded  by  "unnamed." 

(3)  Sex. 

(4)  Color  or  race — as  white,  black  (negro  or  negro  descent),  Indian, 
Chinese,  Japanese,  or  other. 

(5)  Conjugal  condition — as  single,  married,  Avidowed,  or  divorced. 

(6)  Date  of  birth,  including  the  year,  month,  and  day. 

(7)  Age  in  years,  months,  and  days. 

(8)  Place  of  birth;  state  or  foreign  country. 

(9)  Name  of  father. 

(10)  Birthplace  of  father;  state  or  foreign  country. 

(11)  Maiden  name  of  mother. 

(12)  Birthplace  of  mother;  state  or  foreign  country. 

(13)  Occupation;  the  occupation  to  be  reported  of  any  person  who 
had  any  remunerative  employment — women  as  well  as  men. 

(14)  Signature  and  address  of  informant. 

(15)  Date  of  death,  including  the  year,  month,  and  day. 

(16)  Statement  of  medical  attendance  on  decedent,  fact  and  time 
of  death,  including  the  time  last  seen  alive. 

(17)  Cause  of  death,  including  the  primary  and  immediate  causes, 
and  contributary  causes  or  complications,  if  any,  and  the  duration  of 
each. 

(18)  Signatui'c  and  address  of  physician  or  official  making  the 
medical  certificate. 

(19)  Special  information  concerning  deaths  in  hospitals  and  institu- 
tions, and  of  pei'sons  dying  away  from  lioiii(\  including  the  former  or 


—  80  — 

usual  resicleuce,  length  of  time  at  place  of  death,  and  place  where  the 
disease  was  contracted. 

(20)  Place  of  burial  or  removal. 

(21)  Date  of  burial  or  removal. 

(22)  Signature  and  address  of  undertaker. 

(23)  Official  signature  of  registrar,  with  date  when  certificate  was 
filed  and  registered  number. 

The  certificate  shall  be  written  legibly  in  permanent  black  ink,  type- 
written or  printed,  and  no  certificate  shall  be  held  to  be  complete  and 
correct  that  does  not  supply  all  of  the  items  of  information  specified 
above  or  satisfactorily  account  for  the  omission  of  any  of  said  items. 
The  personal  and  statistical  particulars  (items  1  to  13),  or  such  other 
items  as  shall  be  required  by  the  state  registrar,  shall  be  authenticated 
by  the  signature  of  the  informant,  who  may  be  any  competent  person 
acquainted  wdth  the  facts.  The  statement  of  facts  relating  to  the  dis- 
position of  the  body  shall  be  signed  by  the  undertaker  or  person  acting 
as  such.  The  medical  certificate  shall  be  made  and  signed  by  the 
physician,  if  any,  last  in  attendance  on  the  deceased,  who  shall  specify 
the  time  in  attendance,  the  time  he  last  saw  the  deceased  alive,  and  the 
hour  of  the  day  at  which  death  occurred.  He  shall  further  state  the 
cause  of  death,  so  as  to  show  the  cause  of  disease  or  sequence  of  causes 
resulting  in  death,  giving  the  primary  and  immediate  causes,  and  con- 
tributing causes,  if  any,  and  the  duration  of  each.  Indefinite  and  un- 
satisfactory terms  indicating  only  symptoms  of  disease  or  conditions 
resulting  from  disease  will  not  be  held  sufficient  for  issuing  a  burial  oi- 
removal  permit,  and  any  certificate  containing  only  such  terms,  as 
defined  by  the  state  registrar,  shall  be  returned  to  the  physician  for 
correction  or  definition.  Causes  of  death,  Avhich  may  be  the  result  of 
either  disease  or  violence,  shall  be  carefully  defined;  and,  if  from  vio- 
lence, its  nature  shall  be  stated,  and  whether  accidental,  suicidal  or 
homicidal.  For  cause  of  death  in  hospitals,  institutions,  or  away  from 
home,  the  physician  shall  furnish  the  information  required  under  this 
head,  and  shall  state  where,  in  his  opinion,  the  disease  was  contracted. 
The  cause  of  death  and  all  other  facts  required  shall  in  all  cases  be  stated 
in  accordance  with  the  instructions  and  directions  of  the  state  registrar. 

Sec.  3080^.  In  case  of  any  death  occurring  without  medical  attend- 
ance, it  shall  be  the  duty  of  the  undertaker  to  notify  the  registrar  of 
such  death,  and  when  so  notified  the  registrar  shall  refer  the  case  to 
the  coroner  for  his  investigation  and  certification ;  and  the  coroner 
shall  within  three  days  after  the  inquest  furnish  the  local  registrar  where 
such  death  occurs  a  certificate  in  form  and  substance  as  required  by 
the  state  registrar,  and  containing  as  many  of  the  facts  required  hy 
this  act  as  can  be  ascertained.     Said  local  registrar  shall  forthwith 


—  81  — 

transmit  such  certificate  to  the  state  registrar,  retaining  a  copy  thereof 
on  file  in  his  office. 

Sec.  3080e.  The  undertaker,  or  person  acting  as  undertaker,  shall  be 
responsible  for  obtaining  and  filing  the  certificate  of  death  with  the 
registrar  and  securing  a  burial  or  removal  permit  prior  to  any  dispo- 
sition of  the  body.  He  shall  obtain  the  personal  and  statistical  particu- 
lars required  from  the  person  best  qualified  to  supply  them  over  the 
signature  and  address  of  his  informant.  He  shall  then  present  the 
certificate  to  the  attending  physician,  if  any,  and  if  there  be  none, 
then  to  the  health  officer  or  coroner,  as  directed  by  the  registrar,  for 
the  certificate  of  the  cause  of  death  and  other  particulars  necessary  to 
complete  the  record  as  specified  in  section  3080a.  And  he  shall  then 
state  the  facts  required  relative  to  the  date  and  place  of  burial  over  his 
signature  and  with  his  address,  and  present  the  completed  certificate 
to  the  registrar  within  the  time  limit,  if  any,  designated  by  the  local 
board  of  health  for  the  issuance  of  a  burial  or  removal  permit.  The 
imdertaker  shall  deliver  the  burial  permit  to  the  sexton  or  person  in 
charge  of  the  premises  before  interring  the  body,  or  attach  it  to  the  box 
containing  the  corpse,  when  shipped  by  any  transportation  company, 
to  accompany  same  to  destination,  when  it  shall  be  accepted  by  the 
sexton  as  authority  for  the  interment  of  the  body. 

Sec.  3080/'.  It  shall  be  the  duty  of  each  local  registrar  to  supply 
to  any  persons,  requiring  them,  blank  forms  of  certificates  prepared 
and  furnished  by  the  board  of  supervisors  of  the  county.  He  shall 
carefully  examine  each  certificate  when  presented  for  record  to  see 
that  it  has  been  made  out  in  accordance  with  the  provisions  of  this 
act  and  the  instructions  of  the  state  registrar,  and  if  any  certificate  is 
incomplete  or  unsatisfactory,  it  shall  be  his  duty  to  call  attention  to 
the  defects  in  the  return  and  to  withhold  issuing  the  burial  or  removal 
permit  until  they  are  corrected.  He  shall  then  number  them  in  con- 
secutive order,  beginning  with  number  one  for  the  first  death  in  each 
calendar  year,  and  sign  his  name  as  registrar  in  attest  of  the  date  of 
filing  in  his  office.  If  the  certificate  is  properly  executed  and  com- 
plete, he  shall  then  issue  a  burial  or  removal  permit  to  the  under- 
taker ;  provided,  that  in  case  the  death  occurred  from  some  disease  that 
it  is  held  by  the  state  board  of  health  to  be  infectious,  contagious,  or 
communicable'  and  dangerous  to  the  public  health,  no  permit  for  the 
removal  or  other  disposition  of  the  body  shall  be  granted  by  the  regis- 
trar except  under  such  conditions  as  may  be  prescribed  by  the  state 
and  local  boards  of  health.  He  shall  also  make  a  complete  and  accurate 
copy  of  each  certificate  registered  by  him,  upon  a  form  identical  with 
the  original  certificate,  to  be  filed  and  permanently  preserved  in  his 
office  as  the  local  record  of  such  death,  in  such  manner  as  directed  by 
the  state  registrar.  He  shall,  on  or  before  the  fifth  day  of  each  month, 
6— GL 


—  82  — 

transmit  to  the  .state  registrar  all  original  certificates  registered  by 
him  during  the  preceding  month.  If  no  deaths  occurred  in  any  month, 
he  shall,  on  or  before  the  fifth  day  in  any  month,  report  that  fact  to 
the  state  registrar  in  such  manner  as  the  state  registrar  shall  direct. 

Sec.  SOSOgr.  If  the  interment  or  other  disposition  of  the  body  is  to 
be  made  in  the  registration  district  in  which  the  death  occurred,  or  in 
a  contiguous  registration  district  in  the  same  or  an  adjoining  county, 
the  wording  of  the  burial  permit  may  be  limited  to  a  statement  by 
the  registrar  and  over  his  signature,  that  a  satisfactory  certificate  of 
death  having  been  filed  with  him  as  required  by  law,  permi.ssion  is 
granted  to  inter,  remove,  or  otherwise  dispose  of  the  body  of  the 
deceased,  stating  the  name,  age,  sex,  and  cause  of  death  and  other 
necessary  details  upon  the  form  prescribed  by  the  state  registrar.  In 
case  the  interment  or  other  disposition  of  the  body  is  to  be  made  in 
some  registration  district  not  contiguous  to  that  in  which  the  death 
occurred,  a  complete  copy  of  the  certificate  of  death  shall  be  attached 
to  and  made  a  part  of  the  removal  permit  issued  by  the  registrar  of 
the  district  in  which  the  death  occurred. 

Sec.  3080/*.  No  sexton  or  person  in  charge  of  any  premises  in  which 
interments  are  made  shall  inter  or  permit  the  interment  of  any  body 
unless  it  is  accompanied  by  a  burial,  removal,  or  transit  permit,  as 
herein  provided.  Each  sexton  or  person  in  charge  of  any  burial 
ground  shall  indorse  upon  the  permit  the  date  of  interment,  with  his 
signature,  and  shall  return  all  permits,  so  indorsed,  to  the  local  registrar 
of  his  district  within  one  day  from  the  date  of  interment.  He  shall 
also  keep  a  record  of  all  interments  made  in  the  premises  under  his 
charge,  stating  the  name  of  the  deceased  person,  place  of  death,  date 
of  ])urial,  aiid  name  and  address  of  the  undertaker,  if  any.  which 
record  shall  at  all  times  be  open  to  public  inspection. 

Sec.  3080i.  The  state  registrar  shall  prepare  a  sample  form  and 
blank  for  all  registrars  for  use  in  registering,  recording,  and  preserv- 
ing the  returns,  or  in  otherwise  carrying  out  the  purposes  of  this  act, 
and  shall  prepare  and  issue  such  detailed  instructions  as  may  be 
required  to  secure  the  uniform  observance  of  its  provisions  and  the 
maintenance  of  a  perfect  system  of  registration.  No  other  forms  of 
blanks  shall  be  used  than  those  prescribed  by  the  state  registrar.  He 
shall  carefully  examine  the  certificates  received  monthly  from  the 
local  registrars,  and  if  any  such  ai-e  incomplete  or  unsatisfactory,  he 
shall  require  such  further  information  to  be  furnished  as  may  be 
necessary  to  make  the  record  satisfactory.  All  physicians,  informants, 
or  undertakers  connected  with  any  case,  and  all  other  persons  having 
knowledge  of  the  facts,  are  hereby  required  to  furnish  such  informa- 
tion as  they  may  possess  regarding  any  death,  upon  demand  of  the 


—  83  — 

state  registrar  in  i)erson,  by  mail  or  through  the  local  registrar,  who 
shall  further  arrange,  bind,  and  permanently  preserve  the  certificates  in 
a  systematic  manner;  and  shall  prepare  and  maintain  a  complete  index 
of  all  deaths  registered,  showing  the  name  of  the  deceased,  place  and 
date  of  death,  number  of  certificate,  and  the  volume  in  which  it  is  con- 
tained. He  shall  inform  all  registrars  what  diseases  are  to  be  considered 
as  infectious,  contagious,  or  connuunicable,  and  dangerous  to  the  public 
health,  as  decided  by  the  state  board  of  health,  in  order  that  when  deaths 
occur  from  such  diseases  proper  precautions  may  be  taken  to  prevent  the 
spreading  of  dangerous  diseases ;  and  all  rules  and  regulations  made  by 
him  for  carrying  out  and  enforcing  the  purposes  of  this  act  shall,  when 
promulgated,  have  the  same  force  and  effect  as  if  enacted  bv  law. 

Sec.  3080j.  Whenever  it  may  be  alleged  that  the  facts  are  not  cor- 
rectly stated  in  any  certificate  of  death  theretofore  registered,  the 
local  registrar  shall  require  an  affidavit  under  oath  to  be  made  by  the 
person  asserting  the  fact,  to  be  supported  by  the  affidavit  of  one  other 
credible  person  having  knowledge  of  the  facts,  setting  forth  the  changes 
necessary  to  make  the  record  correct.  Having  received  such  affida- 
vits, the  local  registrar  shall  Hh^  them,  and  shall  then  draw  a  line 
through  the  incorrect  statement  or  statements  in  the  certificate,  with- 
out erasing  them,  and  make  the  necessary  corrections,  noting  on  the 
margin  of  the  certificate  his  authority  for  so  doing,  and  transmit  the 
affidavits,  attached  to  the  original  certificate,  when  making  his  regular 
monthly  returns  to  the  state  registrar.  If  the  correction  relates  to  a 
certificate  previously  returned  to  the  state  registrar,  the  local  registrar 
shall  transmit  the  affidavit  forthwith  to  the  state  registrar.  Tf  the  cor- 
rection is  first  made  upon  the  original  certificate  on  file  in  the  state 
bureau  of  vital  statistics,  the  state  registrar  shall  transmit  a  certified 
copy  of  the  original  certificate,  corrected  as  above,  to  the  local  registrar, 
who  shall  thereupon  substitute  such  certified  copy  for  the  copy  of  the 
certificate  in  his  records.  All  such  corrections  and  marginal  n(»tes  refer- 
ring to  them  shall  be  legibly  written  in  ink,  typewritten,  or  printed. 

Sec.  3084.  Each  local  registrar  shall  be  entitled  to  be  paid  the  sum 
of  not  exceeding  twenty-five  cents  for  each  death  certificate  properly 
and  completely  made  out  and  registered  with  him,  and  by  him  returned 
to  the  state  registrar  on  or  before  the  fifth  day  of  the  following  month, 
which  sum  sh^ll  cover  and  include  the  making  out  of  the  burial  permit 
and  the  copy  of  the  certificate  to  be  filed  and  preserved  in  his  office; 
and  in  case  no  deaths  were  registered  during  any  month,  the  local 
registrar  shall  be  entitled  to  a  sum  not  exceeding  twenty-five  cents  for 
each  report  to  that  effect,  promptly  made  in  accordance  with  the  direc- 
tions of  the  state  registrar;  provided,  however,  that  all  such  compensa- 
tion for  such  services  shall  be  fixed  by  the  board  of  supervisors,  city 


—  84  — 

council,  trustees,  or  other  governing  body  of  such  county,  city  and 
countj',  city  or  town,  constituting  such  registration  district.  All 
amounts  payable  to  registrars  under  the  provisions  of  tliis  act  shall 
be  paid  out  of  the  funds  provided  by  the  supervisors,  council,  trustees, 
or  other  governing  body  of  such  county,  city  and  county,  city  or  town, 
constituting  a  primary  registration  district,  upon  warrants  drawn  by 
the  local  auditor  or  other  proper  local  officer  of  such  county,  city  and 
county,  city  or  town,  which  warrants  shall  specify  the  number  of  eerti- 
cates  properly  registered  and  also  the  number  of  reports  promptly 
returned  where  no  deaths  are  registered,  with  the  amount  claimed  to  be 
due  for  each ;  provided,  however,  that  a  warrant  shall  not  be  issued  to 
any  local  registrar,  or  if  issued  shall  not  be  paid,  where  notice  is  pre- 
viously given  by  the  state  registrar  to  the  auditor,  treasurer,  or  other 
proper  officer  of  such  county,  city  and  county,  city  or  town  constituting 
such  registration  district,  that  the  local  registrar  claiming  any  fee  has 
failed  to  comply  with  the  rules  and  regulations  of  the  -state  bureau  of 
vital  statistics  and  the  instructions  of  the  state  registrar.  Each  sub- 
registrar  shall  be  entitled  to  be  paid  the  sum  of  not  exceeding  fifteen 
cents  for  each  death  certificate  properly  and  completely  registered  with 
him,  and  by  him  returned  to  the  local  registrar  before  the  fifth  day  of 
the  following  month.  All  amounts  payable  to  subregistrars  shall  be  paid 
to  them  by  the  local  registrars  appointing  them  from  the  amounts 
•received  by  the  local  registrars  as  hereinbefore  provided. 

The  act  of  February  26,  1903  (Statutes  1903,  page  41),  relating  to 
license  taxes  on  the  business  of  sheep  raising,  is  codified  as  section  3367 
(new)  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  3367.  No  license  or  licenses  greater  than  five  cents  per  head 
shall  be  imposed  by  the  board  of  supervisors  of  any  county  on  the  busi- 
ness of  raising,  herding  or  pasturing  sheep,  and  any  and  all  licenses 
imposed  by  the  board  of  supervisors  of  any  county  on  the  business  of 
raising,  herding  or  pasturing  sheep,  in  excess  of  five  cents  per  head, 
shall  be  and  are  hereby  declared  invalid ;  provided;  the  provision  of  this 
act  shall  not  apply  to  any  license  tax  the  validity  of  which  is  involved  in 
any  suit  now  pending,  or  to  any  such  license  tax  due  when  this  act 
takes  effect. 

The  act  of  March  15,  1883  (Statutes  1883,  page  376),  relating  to  the 
prevention  of  contagious  and  infectious  diseases,  is  codified  as  sections 
2985,  2986,  and  2987  of  the  Political  Code. 

The  new  sections  read  as  follows : 

Sec.  2985.  Whenever  there  shall  exist,  in  the  opinion  of  the  state 
board  of  health,  imminent  danger  of  the  introduction  of  contagious  or 


I 


—  85  — 

infectious  diseases  into  the  State  of  California,  by  means  of  railroad  com- 
munication with  other  states,  it  shall  be  the  duty  of  the  said  state  board 
of  health  to  make  or  cause  to  be  made,  by  an  accredited  agent  or  inspec- 
tor, an  inspection  of  all  railroad  cars  coming  into  this  state  at  such 
point,  or  between  such  points  within  the  state  limits  as  may  be  selected 
for  the  purpose. 

Sec.  2986.  Such  inspection  shall  be  made,  where  practicable,  during 
the  ordinary  detention  of  a  train  at  a  station,  or  while  in  transit  between 
stations,  and  in  all  cases  shall  be  so  conducted  as  to  occasion  the  least 
possible  detention  or  interruption  of  travel  or  inconvenience  to  the  rail- 
road companies,  so  far  as  consistent  with  the  purposes  hereof. 

Sec.  2987.  Should  the  discovery  be  made  of  the  existence  among  the 
passengers  of  any  case  or  cases  of  dangerous  contagious  or  infectious 
disease,  the  said  Board  of  Health,  or  their  agent  or  inspector,  under 
rules  and  conditions  prescribed  by  them  as  being  applicable  to  the  nature 
of  the  disease,  shall  have  power  to  cause  the  sidetracking  or  detention  of 
any  car  or  cars  so  infected,  to  isolate  the  sick  or  remove  them  to  a  suit- 
able place  of  treatment,  to  establish  a  suitable  refuge  station,  to  cause 
the  passengers  and  materials  in  such  infected  car  to  be  subjected  to  dis- 
infection and  cleansing  before  proceeding  farther  into  the  State,  in  the 
ease  of  smallpox,  to  offer  free  vaccination  to  all  persons  exposed  in  any 
car  or  at  any  station. 

It  is  recommended  that  the  collateral  inheritance  tax  law  be  codified 
under  the  head  of  taxes  in  the  Political  Code  as  sections  3370,  3371,  3372, 
3373,  3374,  3375,  3376,  3377,  3378,  3379,  3380,  3381,  3382,  3384,  3385, 
3386,  3387,  and  3388. 

As  no  changes  are  suggested  the  new  sections  are  omitted  from  this 
report. 

The  act  of  1893,  page  46,  fixing  the  salary  of  the  janitor  of  the  state 
capitol,  defining  his  duties,  approved  February  27,  1893,  is  codified  as 
section  422  (new)  of  the  Political  Code. 

The  new  section  reads  as  follows : 

Sec.  422.  It  shall  be  the  duty  of  the  janitor  to  take  general  charge 
of  the  state  capitol  building,  and  to  secure  and  preserve  the  furniture, 
carpets,  curtains,  and  all  other  property  therein.  He  shall  superintend 
the  lighting  of  the  building,  note  the  gas  meter  and  the  electric  meter, 
and  the  correctness  of  the  bills  for  gas  and  electric  lighting  for  each 
month,  before  the  same  is  presented  for  payment.  He  shall  check  tlie 
delivery  of  supplies  of  wood  and  coal,  and  become  satisfied  that  the 
quantity  delivered  corresponds  with  the  amount  ordered  by  the  superin- 
tendent, and  certify  to  the  correctness  thereof  to  the  superintendent.  He 


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